Pretoria high court orders Ngizwe Mchunu to stop defaming Julius Malema

The Pretoria high court has finalised the defamation case against cultural activist and media personality Ngizwe Mchunu, legally barring him from making further defamatory statements about EFF leader Julius Malema.

The battle began earlier this month after Malema filed an urgent application against Mchunu following controversial public statements Mchunu made in Pretoria on April 28 and Johannesburg on April 30.

Last week, the high court issued an interim interdict ordering Mchunu to desist from defaming Malema.

Tuesday’s proceedings were for Mchunu to show cause why the interim interdict should not be made final.

Mchunu appeared before court without legal representation, choosing to speak for himself.

When judge Nomonde Khumalo offered him a Zulu interpreter, Mchunu declined, stating that he wanted to proceed in English so he could “run home and handle other personal responsibilities”.

He also stated that he did not have a lawyer to represent him because he was unemployed.

During his address in court, Mchunu argued that people working in parliament and other public figures should lead by example.

He accused Malema of being a hypocrite, claiming the EFF leader had a history of defaming other politicians and members of the public dating back to his time in the ANC Youth League.

“Malema made lot of defamatory statements including when he was found guilty by a magistrate. He made defamatory statements against the magistrate and they should have opened a case of defamation against him.”

After his recent firearm conviction, Malema publicly attacked magistrate Twanet Olivier, labelling her “racist” and “incompetent”.

Mchunu also claimed he was never formally served with Malema’s court papers, only finding out about the case online.

“I was never served; I saw this on social media. Malema also posted about it on his page and that’s when I took this matter (as) legitimate.”

He asked the court to dismiss the matter because he was telling the truth and had evidence to support what he said.

“I am pleading to the court that I have never defamed anyone. I am a citizen of this country and I respect the constitution, my lady. I have never injured or killed anyone during our protest.”

Malema’s legal representative, Mfesane Ka-Siboto, strongly opposed Mchunu’s claims, accusing him of lying under oath.

Ka-Siboto argued that a permanent order was necessary because Mchunu had made highly damaging and baseless accusations against Malema.

According to Malema’s legal team, Mchunu publicly claimed that Malema had received millions of rand from Nigerian drug cartels and was doing the bidding of illegal foreigners.

Ka-Siboto argued that Mchunu’s behaviour was contemptuous, revealing that an urgent application for contempt of court was already in progress against him.

“My lady, I am putting to court on record that Mchunu is not telling the truth and he is under oath.”

In his defence, Mchunu attempted to shift the focus by accusing Malema of defaming other politicians, including President Cyril Ramaphosa over the Marikana tragedy.

Mchunu confessed that he did not understand how the law worked and requested that the matter be moved to a criminal court so he could present evidence to senior police officers.

“I ask the court to transfer the case to criminal court. No matter who will handle the case, I will bring evidence before them because I do have it,” he said.

Khumalo then granted the final interdict in favour of Malema.

Mchunu is strictly prohibited from publishing or repeating the defamatory statements, directly or indirectly.

Immediately after the court adjourned, Mchunu continued to call Malema’s defence names inside and outside the high court.

Addressing the media outside the court, Mchunu said there was no case against him.

“There is no need to be a strong or weak case. Julius Malema is stupid and he has abused his relevancy and potential of him leading this country.”

Mchunu and his supporters then marched from the high court to the Somali embassy in Pretoria.

The march was joined by Nkosikhona Ndabandaba, also known as Phakelamthakathi.

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