By Thapelo Molefe
The Eastern Cape High Court has reserved judgment in an urgent defamation case brought by Eastern Cape premier Oscar Mabuyane against Economic Freedom Fighters (EFF) leader Julius Malema over remarks relating to Mabuyane’s academic record.
The dispute centres on comments Malema made outside a magistrate’s court in KuGompo City in April, where he alleged Mabuyane had “stolen” a master’s degree from the University of Fort Hare.
Mabuyane approached the court on an urgent basis after demanding that Malema retract the remarks and apologise. He is seeking an order declaring the statements defamatory and unlawful, and to bar Malema from repeating them.
Arguing for Mabuyane before Judge Johannes Willem Eksteen on Tuesday, advocate Mfundo Salukazana said Malema’s remarks carried the implication that the premier had committed fraud.
“The sting lies in the criminal offence of fraudulently obtaining the degree,” Salukazana argued.
He said Mabuyane had never obtained or claimed to hold a master’s degree and therefore could not have “stolen” one.
“It hasn’t been demonstrated where he’s ever claimed to have a master’s degree, and therefore one cannot steal that which he’s never possessed or claimed to possess,” he told the court.
Salukazana also argued that Malema had misrepresented findings contained in a 2021 forensic investigation into Mabuyane’s registration and subsequent deregistration from the university’s master’s programme.
Court arguments indicated that Malema’s defence rests partly on a forensic report compiled after questions were raised about Mabuyane’s registration, including allegations that aspects of his thesis work may have involved ghostwriting.
Salukazana maintained that the report did not conclude that Mabuyane had fraudulently obtained a degree.
“What we’ve come to court about is whether or not the statement that he stole a master’s degree and therefore defrauded the university in how he obtained the master’s degree is false, and we submit that it is,” he said.
For Malema, advocate Mfesane Ka-Siboto argued that the EFF leader’s comments were based on existing findings and media reports and therefore constituted fair comment.
“This report came out in 2021. At no point does he seek to bring that report under review,” Ka-Siboto told the court.
He said Mabuyane could not now rely on urgency when the forensic findings had been in the public domain for years.
“If he was genuinely concerned about his name being impugned in relation to the master’s degree, then certainly he should have thought to have that report reviewed and set aside,” Ka-Siboto said.
The court also heard that Mabuyane has filed a separate application to review and set aside the university’s decision to deregister him from the programme. That matter is due to be heard on 18 June.
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