Despite a public apology from social commentator Ngizwe Mchunu to EFF leader Julius Malema for defamatory statements, the legal dispute between them continues. The court has now scheduled a hearing to hear oral testimony regarding this ongoing controversy.
Malema's Demands to the Court
At the last session in the Gauteng High Court in Pretoria, Malema demanded that Mchunu be sentenced to six months of personal detention for contempt of court. Previously, between May 12 and June 18, Malema approached the court four times with urgent applications to prevent defamation by Mchunu and compel him to cease making insulting remarks against him.
Previous Violation and Apology
Mchunu had previously apologized publicly to the court and Malema after being found guilty of contempt of court for violating previous judicial orders that prohibited him from repeating certain accusations and insults against the opposition politician. The charge of contempt arose from a series of statements in which Mchunu alleged that Malema received money from Nigerian drug traffickers and illegal foreigners, and also claimed that he benefited from corruption related to VBS Mutual Bank and On Point Engineering. Furthermore, he referred to Malema as a 'dog,' a 'political devil,' and a 'dead snake.'
New Allegation After Interview
However, the situation was not resolved after the apology, as Malema again approached the court. This time, he stated that as soon as the apology had barely dried, Mchunu once again disgraced him during an interview with SABC. The court noted that it would be almost impossible to consider the case on paper, especially given that the recent interview, which provoked Malema's outrage, was published in isiZulu. According to Malema, Mchunu committed a new act of contempt of court during the SABC interview last month.
Positions of the Parties in Court
Malema pointed to Mchunu, who stated that he apologized to the court because he was forced to do so, which, in Malema's view, demonstrates disrespect for the authority of the court. Mchunu added that his apology did not mean a change in his views, and repeated the banned statements, asserting that the accusations he made were not lies. Malema countered that this would be the second instance where Mchunu intentionally violated two orders, and insisted that the court should impose a six-month prison sentence on him. Malema also complained that Mchunu's apology was insufficient because it was neither signed nor published in the media.
Defense and Counterclaims
Malema's position is that Mchunu's behavior is reckless and threatens public trust and respect for the judiciary and the rule of law. In his defense, Mchunu stated that the SABC interview lasted 20 minutes and was conducted in isiZulu. He added that to fully understand what was said, one must watch the entire interview, not just the excerpts used by Malema, and that during the SABC interview, he did not attack Malema's character or make defamatory statements.
The court gave the parties until August 3 to submit lists of witnesses they plan to call, after which Malema can bring the matter back for consideration. Meanwhile, Mchunu filed a counterclaim regarding an alleged incident in January 2024, when Malema allegedly defamed him. This counterclaim has not yet been scheduled for hearing.
