Malema's High Court challenge to ethics ruling dismissed

EFF leader Julius Malema has failed in his Western Cape High Court bid to challenge to a report by Parliament’s Joint Committee on Ethics and Members' Interests ordering him to apologise to Judge Keoagile Matojane.

The report followed a complaint to the committee lodged by the Council for the Advancement of the South African Constitution's (Casac's) Parmananda Naidoo after an interaction between Malema and Judge Matojane during the Judicial Service Commission (JSC) interviews in April 2021.

Malema asked the judge about the case he presided over in which he ordered the EFF, Malema, and former national spokesperson Dr Mbuyiseni Ndlozi to pay R500,000 in damages in May 2019 for defaming then Finance minister Trevor Manuel by claiming that he (Manuel) was related to and was a close business associate and companion of SA Revenue Service (SARS) commissioner Edward Kieswetter.

Manuel had been appointed the chairperson of the seven-member panel to interview candidates for the then vacant position of SARS commissioner.

During the JSC interviews, Malema asked Judge Matojane how he arrived at the quantum of R500,000 when the parties did not lead any oral evidence.

The judge declined to respond to Malema and stated that the matter was before the Constitutional Court after the Supreme Court of Appeal referred it back to the High Court for oral evidence.

In May 2021, Casac complained to the ethics committee, stating that Malema obviously had a vested interest in undermining Judge Matojane by seeking to cast doubt on his judgment and implying that there was an improper motive on the judge’s part.

When informed about the complaint against him and allowed to respond, Malema replied: “He is talking rubbish. That's my official response.”

The ethics committee found that Malema breached the code of ethical conduct and disclosure of members’ interests for assembly and permanent council members by placing himself in a position of conflict with the comments that he made to Judge Matojane as he represents the National Assembly on the JSC and that he should not have used the platform for his interests.

Malema was ordered by the committee to apologise specifically to Judge Matojane in Parliament in a report adopted by the National Assembly in December 2021. The EFF leader was told to apologise no later than the end of February 2022.

However, with the deadline looming, Malema approached the High Court and successfully interdicted and suspended the implementation of the committee’s report pending the finalisation of his application to review and set aside the report.

On Wednesday, the full bench of the High Court – Judges Chantel Fortuin, Lister Nuku, and Acting Judge Phillipa van Zyl – dismissed with costs his challenge to the report.

Among the rounds for review, Malema had argued that he was exercising his right to freedom of expression and his mandate while serving on the JSC should be exercised without any fear of repercussions for what he says.

In addition, he said he could not have gained any personal benefit from the engagement with Judge Matojane and that he did not take the matter any further after having been rebuffed.

The High Court found that there was no merit in any of Malema's grounds of review.

“The applicant (Malema) raised constitutional issues in pursuit of what is essentially a political dispute. The grounds of review were patently without merit, and the proceedings did not entail any serious constitutional challenge,” read the judgment.

EFF national spokesperson Sinawo Thambo has not responded to questions on whether the party intends to appeal against the ruling.

loyiso.sidimba@inl.co.za