Julius Malema received a smackdown from the Supreme Court of Appeal on Wednesday in his R1-million defamation case against former top EFF member Thembinkosi Rawula.
Four Supreme Court of Appeal (SCA) judges made short shrift of Julius Malema’s “bald denials” this week when the court held that it would not declare former EFF member Thembinkosi Rawula’s Facebook post – in which he accused Malema and his deputy, Floyd Shivambu, of using EFF funds for their personal benefit – to be unlawful and defamatory.
Based on two corroborating affidavits and without the benefit of any explanation from Malema, the SCA found that he “apparently had no difficulty in accepting funds that were the subject of corruption as an opportunity for the EFF to be in government”.
Said media lawyer Dario Milo: “The SCA held that an interdict could not be granted because Rawula had laid a foundation for a defence of truth to be asserted.”
The court decided that Rawula’s version of events “wasn’t so far-fetched as to be rejected”, albeit that the court did not go so far as saying Rawula’s statements were indeed true, Milo continued.
During his argument, Malema’s counsel dropped his claim…