The legal battle between EFF leader Julius Malema and social commentator Ngizwe Mchunu is set to enter a new phase, despite Mchunu issuing a public apology and acknowledging the authority of the courts.
The Gauteng High Court in Pretoria is now expected to hear oral evidence after Malema accused Mchunu of once again breaching court orders aimed at preventing defamatory statements against him.
The latest dispute follows a series of urgent court applications brought by Malema between May 12 and June 18, during which he sought repeated intervention to stop Mchunu from making allegations and remarks the court had already prohibited.
Mchunu was subsequently found guilty of contempt of court and later issued an unreserved apology to both the court and Malema.
The contempt ruling related to statements in which Mchunu alleged that Malema received money from Nigerian drug dealers and undocumented foreign nationals, and benefited from corruption linked to VBS Mutual Bank and On Point Engineering. He also referred to Malema using a number of derogatory terms.
In his apology, Mchunu acknowledged the seriousness of his conduct and accepted the authority of the judiciary. But this was not the end of the matter, as Malema once again turned to court – this time alleging that the ink had barely dried on the apology when Mchunu once again defamed him during an interview with the SABC.
But this time around the court said it’s nearly impossible to adjudicate the matter on court papers, especially as the recent interview Malema took umbrage to was published in isiZulu. According to Malema, Mchunu committed a new act of contempt of court during last month’s SABC interview.
While unhappy with several aspects of the interview, Malema pointed to Mchunu, who said that he issued the apology to the court because he was forced to do so. According to Malema, this shows a disrespect for the court’s authority.
Mchunu further stated that his apology does not mean he has changed his views and he repeated the prohibited statements and stated that the claims he made in the prohibited defamatory statements are not lies, Malema said.
He added that this would constitute a second time that Mchunu willfully defied two orders and it was time that the court slapped him with a six-month jail term. Malema also complained that Mchunu’s apology is insufficient as it is not signed nor published in the media.
Malema’s case is that Mchunu’s conduct is reckless and it poses a threat to public confidence and respect for the authority of the courts and the rule of law. In his defence, Mchunu said the SABC interview lasted for 20 minutes and was conducted in isiZulu.
The complete interview should be considered to fully comprehend what he had conveyed, rather than snippets as used by Malema. He added that he did not attack Malema’s character or make any defamatory statements during the SABC interview.
The court gave the parties until August 3 to put their cards on the table regarding the witnesses they will call, after which Malema can place the matter back on the roll. Mchunu, meanwhile, also filed a counterclaim, which harks back to an alleged incident in January 2024 in which Malema is alleged to have defamed him. The counterclaim has not yet been set down for adjudication.
