The Premier of the Eastern Cape, Oscar Mabuyane, experienced a setback as the Eastern Cape High Court dismissed his defamation lawsuit against EFF leader Julius Malema.
The court also ordered Mabuyane to pay the related legal fees. The dispute centered on remarks made by Malema concerning accusations that Mabuyane fraudulently obtained a master’s degree from the University of Fort Hare.
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Court Dismisses Oscar Mabuyane’s Defamation Case
This issue was discussed in the Eastern Cape High Court in KuGompo, where Mabuyane sought a verdict stating that Malema’s comments were false, unlawful, and defamatory.
He also requested a court order to restrict Malema from making further public statements regarding the allegations.
However, Judge Jannie Eksteen concluded that while individuals are entitled to protection from unlawful attacks on their reputations, such protection is not applicable when the defense of truth and public interest is convincingly demonstrated.
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The Economic Freedom Fighters applauded the ruling, referring to it as a crucial win for accountability and the public’s right to scrutinize their elected officials.
The party noted that the court acknowledged Malema’s remarks as prima facie defamatory but affirmed that the defense of truth and public interest had been successfully established.
“The Court’s ruling extends beyond merely dismissing Oscar Mabuyane’s application with costs. Judge Eksteen clearly stated that while President Julius Malema’s statements were prima facie defamatory, the defense of truth and public interest was effectively proven,” the party remarked.
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The EFF further asserted that the court considered findings from the Horizon Report, which investigated alleged irregularities regarding admissions and qualifications at the University of Fort Hare.
Fort Hare Master’s Degree Allegations Still Under Review
The EFF claimed that the court recognized that critical findings from forensic investigations had not been significantly challenged.
The party highlighted that the judgment reviewed issues related to Mabuyane’s enrollment in the master’s program, his later deregistration by the university, and ongoing inquiries involving law enforcement and the Special Investigating Unit.
The party also emphasized the court’s insistence on the importance of public accountability, especially in relation to elected officials.
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“Judge Eksteen stressed that, particularly in an election year, South Africans have a vested interest in statements that question the integrity and actions of public office holders who govern the populace,” the EFF stated.
The court also ruled that public officials are not immune to lawful criticism when public interest is at stake.
“By denying Mabuyane’s request for an interdict, the Court confirmed that public representatives do not have a right to protection from lawful criticism, especially within the political arena where accountability to the public is vital,” the party added.
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The EFF has reiterated its call for the completion of all investigations regarding qualifications granted at the University of Fort Hare and for appropriate actions against any individuals found to have acted improperly.
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