Oscar Mabuyane Loses Defamation Case Against Julius Malema Over Fort Hare Degree Claims

Eastern Cape Premier Oscar Mabuyane has suffered a legal setback after the Eastern Cape High Court dismissed his defamation application against EFF leader Julius Malema.

The court also ordered Mabuyane to pay the legal costs of the matter. The dispute centred on statements made by Malema regarding allegations that Mabuyane fraudulently obtained a master’s degree through the University of Fort Hare.

Court Dismisses Oscar Mabuyane’s Defamation Claim

The case was heard in the Eastern Cape High Court in KuGompo, where Mabuyane sought a declaration that Malema’s comments were false, unlawful and defamatory.

He also requested an interdict preventing the EFF leader from making further public statements concerning the allegations.

However, Judge Jannie Eksteen ruled that while individuals are entitled to protection against unlawful attacks on their reputation, that protection does not extend to criticism where the defence of truth and public interest has been successfully established.

EFF Says Judgment Vindicates Julius Malema

The Economic Freedom Fighters welcomed the ruling, describing it as a significant victory for accountability and public scrutiny of elected leaders.

According to the party, the court found that Malema’s statements were prima facie defamatory but that the defence of truth and public interest had been proven.

“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,” the party said.

The EFF further argued that the court considered findings contained in the Horizon Report, which examined alleged irregularities linked to admissions and qualifications at the University of Fort Hare.

Fort Hare Master’s Degree Allegations Remain Under Scrutiny

The EFF said the court accepted that the material findings contained in forensic investigations had not been substantially challenged.

According to the party, the judgment considered issues surrounding Mabuyane’s registration in the master’s programme, his later deregistration by the university and investigations involving law enforcement agencies and the Special Investigating Unit.

The party also highlighted the court’s remarks regarding the importance of public accountability, particularly when it concerns elected officials.

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“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 EFF said.

The court further found that public representatives are not shielded from lawful criticism when matters of public interest are involved.

“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,” the party said.

The EFF has since reiterated its call for the completion of all investigations relating to qualifications awarded at the University of Fort Hare and for action against any individuals found to have acted improperly.