The Economic Freedom Fighters (EFF) has welcomed a ruling by the Eastern Cape High Court dismissing an application brought by Eastern Cape Premier Oscar Mabuyane against EFF leader Julius Malema, describing the judgment as a vindication of Malema’s public allegations relating to the University of Fort Hare master’s degree controversy.
Mabuyane had approached the court seeking an order declaring Malema’s statements about his alleged involvement in irregularities surrounding a master’s degree programme at the University of Fort Hare to be false, unlawful and defamatory.
He also sought an interdict preventing Malema from making further statements on the matter.
The EFF said the court’s findings extended beyond merely dismissing the application.
“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.
According to the EFF, the court found that 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 Malema had been established on a balance of probabilities.
The party further said the court took into account forensic investigations into alleged irregularities surrounding Mabuyane’s registration in the master’s programme, his subsequent deregistration by the university, and ongoing investigations by law enforcement agencies and the Special Investigating Unit.
The EFF argued that the judgment rejected attempts to separate questions surrounding Mabuyane’s admission and participation in the programme from broader allegations of academic fraud and abuse of institutional processes.
The party said the court also recognised the importance of public scrutiny of elected leaders.
“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 EFF said the ruling affirmed that criticism of public officials could not be suppressed where the defence of truth and public interest had been established.
“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.
Describing the judgment as a victory for accountability, the EFF said it vindicated Malema’s decision to raise concerns about alleged wrongdoing linked to the University of Fort Hare and pledged to continue pressing for the completion of investigations into the awarding of qualifications at the institution.
“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 party said.
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