Julius Sello Malema v Thembinkosi Rawula

The appellant, Julius Malema, President of the Economic Freedom Fighters (EFF) and a Member of Parliament, brought motion proceedings in the Eastern Cape High Court seeking declaratory, interdictory and damages relief against the respondent, Thembinkosi Rawula, a former senior EFF member. Shortly before resigning from the EFF in April 2019, Rawula published an extensive Facebook post alleging financial mismanagement, abuse of party funds, and corrupt conduct by Malema and the EFF leadership, including allegations relating to VBS Mutual Bank funds. The post received wide media coverage and was repeated in interviews and news articles. Malema contended that specific statements in the post were defamatory, unlawful, and damaged his reputation. Rawula refused to retract the statements, asserting that they were true, made in the public interest, and based on his knowledge as a former member of the EFF’s highest decision-making structure. The High Court dismissed the application, and Malema appealed to the Supreme Court of Appeal.

The appeal was dismissed, and the order of the Eastern Cape Division of the High Court stood.

The case clarifies South African law on the procedural appropriateness of defamation claims, confirming that final interdicts and damages should generally not be sought through motion proceedings where a respondent raises a bona fide defence of justification. It reinforces the protection of freedom of expression, particularly in political discourse, and underscores the importance of trial procedures in resolving factual disputes in defamation matters.