The Economic Freedom Fighters (EFF) welcomes the judgment of the Eastern Cape High Court dismissing the ill advised application brought by Eastern Cape Premier Oscar Mabuyane against the President and Commander-in-Chief of the EFF, Julius Malema.
Earlier this year Premier Oscar Mabuyane, in an evident moment of panic, approached the court seeking an order declaring President Malema’s statements regarding his involvement in the University of Fort Hare master’s degree saga to be false, unlawful, and defamatory. He further sought, very embarrassingly, to interdict President Malema from making any further statements concerning allegations that he had fraudulently obtained or sought to obtain a master’s degree.
The Court’s judgment goes far beyond merely dismissing Oscar Mabuyane’s application with costs. Judge Eksteen expressly found that while President Julius Malema’s statements were prima facie defamatory, the defence of truth and public interest had been successfully established.
In a significant finding, the Court held that the forensic findings contained in the Horizon Report into the University of Fort Hare admissions scandal remained materially uncontested and that the substantial truth of the allegations raised by President Malema had been established on a balance of probabilities. Additionally relevant were the widely reported forensic investigations into irregularities surrounding Mabuyane’s registration into the master’s programme at the University of Fort Hare, his subsequent deregistration by the institution, and the ongoing investigations by law enforcement authorities and the Special Investigating Unit (SIU) into academic fraud and maladministration at the university.
The Court rejected Mabuyane’s attempt to artificially separate the irregularities surrounding his admission and participation in the University of Fort Hare Master’s programme from the broader allegations of academic fraud and abuse of institutional processes. The judgment found that the issues were inseparable and that the factual foundation underlying President Malema’s criticism remained unchallenged.
Importantly, the Court recognised that the public has a legitimate interest in scrutinising the integrity of those who hold high public office. Judge Eksteen specifically held that, particularly in an election year, South Africans have a real interest in statements that question the integrity and conduct of public office bearers entrusted with the responsibility of governing the people.
The Court further affirmed that once the defence of truth and public interest has been established, criticism of public officials becomes lawful and cannot be suppressed through claims of malice or political motive. In dismissing Mabuyane’s attempt to obtain an interdict, the Court held that public representatives have no right to protection from lawful criticism, especially within the political arena where accountability to the public is paramount.
This judgment is therefore a complete vindication of President Julius Malema’s decision to expose wrongdoing at the University of Fort Hare and to demand accountability from those implicated in the manipulation of academic processes for political advancement.
This matter has never been about the personal feelings of Oscar Mabuyane. It has always been about the exposure of a system of corruption between political leaders and a formerly prestigious higher education institution, which has compromised our country and faith in two institutions meant to serve people. It has been disappointing to discover ANC leaders such as Mabuyane, Princess Faku and Noxolo Kiviet all were in cahoots with the University of Fort Hare in gaining qualifications outside of the necessary requirements.
The EFF commends President Julius Malema for standing firm in defence of truth, accountability, and public transparency despite sustained attempts at legal intimidation. Unlike many politicians who retreat when confronted by powerful interests, President Malema has remained uncompromising in exposing corruption and defending the right of South Africans to know the truth about those who govern them.
The EFF will continue to demand accountability from Oscar Mabuyane and all those implicated in wrongdoing at the University of Fort Hare. We reiterate our call for the finalisation of all investigations into the awarding of qualifications at the institution and for decisive action against all those found to have abused public institutions for personal advancement.
The EFF supports the rights of LGBTQ+ individuals and promotes inclusivity.
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