Eastern Cape Premier Oscar Mabuyane has suffered a significant legal setback after the Eastern Cape High Court dismissed his bid to silence EFF leader Julius Malema over claims relating to his controversial master’s degree.
In a judgment delivered on Tuesday, the court ruled that Mabuyane failed to meet the requirements for an interdict, dealing a blow to the premier’s attempt to stop Malema from publicly alleging that he “stole” a master’s degree from the University of Fort Hare.
The dispute erupted in April when Malema, speaking outside the magistrate’s court in KuGompo City, accused the premier of having fraudulently obtained the qualification. The remarks came amid ongoing public scrutiny surrounding academic qualifications linked to Fort Hare.
Mabuyane responded swiftly, instructing his lawyers to demand a public apology and retraction from the EFF leader. When Malema refused to back down, the premier turned to the High Court on an urgent basis, seeking an order declaring the statements false, defamatory and unlawful.
But Judge Jannie Eksteen found that the premier had not established the legal grounds necessary for the court to grant the relief he sought.
“The application for an interdict cannot succeed,” the judge ruled, stressing that while South Africans have a right to dignity and protection of their reputations, those rights must be balanced against lawful criticism and freedom of expression.
Eksteen noted that courts are particularly cautious when dealing with speech in the political arena, where robust debate and scrutiny of public figures are central to democracy.
Adding to the premier’s woes, the court ordered him to pay the legal costs of the application.
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