Eastern Cape premier and ANC provincial chairperson Oscar Mabuyane is taking his defamation battle against EFF leader Julius Malema to the Supreme Court of Appeal (SCA).
The high court in KuGompo City on Thursday granted Mabuyane leave to appeal its June judgment dismissing with costs his application against Malema.
The dispute stems from remarks Malema made outside the KuGompo City Magistrate’s Court in April, when he alleged Mabuyane had “stolen” a master’s degree from the University of Fort Hare.
Mabuyane wrote to Malema on April 17 demanding that he withdraw the statement and apologise by April 21.
When no apology followed, Mabuyane launched urgent court proceedings on April 23.
He sought an order declaring Malema’s allegations false, defamatory and unlawful, as well as an interdict preventing the EFF leader from making further statements alleging that Mabuyane had stolen or fraudulently obtained a master’s degree.
Judge Jannie Eksteen dismissed the application in June.
In his judgment, Eksteen said Mabuyane was required to establish a clear right, an injury actually committed or reasonably apprehended, and the absence of an alternative remedy.
He found that the application failed to meet the requirements for the relief sought.
“There can be no dispute that every individual enjoys a clear right to be protected against unlawful attacks upon his dignity and reputation. But once the defence of truth and public interest is established, he has no right to be protected against lawful criticism.
“This is particularly so in the realms of politics. Accordingly, in my view, the interdict, too, cannot succeed,” Eksteen said at the time.
On Thursday, however, the high court granted Mabuyane leave to appeal the judgment to the SCA.
Mabuyane’s spokesperson Sonwabo Mbananga said the premier “welcomes the opportunity for the matter to be considered by the SCA”.
“The premier will consult further with his legal team on the next steps in the appeal process.
“Premier Mabuyane respects the courts and will not comment on the merits of the matter while the appeal process is underway.
“The private office of the premier will issue a further statement should there be any material developments,” Mbananga said.
Mabuyane’s attorney Ngqiqo Sakhele described the granting of leave to appeal as “a significant procedural development in this matter”.
“The decision means that the premier will have the opportunity to place his case before the SCA.
“The merits of the appeal have not yet been determined, and the issues will be reconsidered by the SCA.
“As an attorney for the premier, I welcome the decision and we, as the legal team, will proceed with the appeal in accordance with the applicable rules and timeframes. Our focus remains on presenting the premier’s case before the SCA,” Sakhele said.
Attempts to obtain comment from Malema and EFF spokesperson Sinawo Tambo were unsuccessful on Thursday.