EFF President Julius Malema is facing court action over alleged defamatory statements made against Chairperson of the Nelson Mandela Foundation board, Dr Naledi Pandor on a live TV programme last month.
Malema is alleged to have falsely claimed that Pandor received a VBS loan, “damaging” her reputation and dignity.
Malema's lawyers have responded, denying intentional defamation and claiming his remarks were meant to contribute to the public conversation around the VBS scandal. However, they acknowledge the statements may have been perceived as harsh.
The former international relations and cooperation minister has instructed her attorneys to demand a retraction and public apology from the Red Berets leader.
This is not the first time Malema has faced defamation allegations. In 2020, the Supreme Court of Appeal ruled in favour of former finance minister Trevor Manuel, finding Malema and the EFF liable for defamation.
In the Manuel case, the court found that the EFF’s statements were false, defamatory, and unlawful. The court ordered the EFF to remove the statement and forbid them from repeating it.
If Malema is found guilty of defamation in the Pandor case, he may face damages and be required to issue a public apology.
Pandor’s legal team may also seek an interdict to prevent Malema from repeating the defamatory statements.
The case is ongoing, with Malema’s lawyers answering the allegations. If it does go to court, it will decide whether Malema’s statements constitute defamation and what remedies will be awarded to Pandor.
In the scathing statement issued by Pandor on Wednesday calling out Malema, she said he was a liar who was hiding behind his lawyers.
“On 17 September 2024, on a live TV programme, Mr Julius Malema lied about me severely injuring my dignity and good name… He told his TV host that I had received a VBS loan…I have never applied for nor received a VBS loan.”
Pandor said she had instructed her attorneys to demand that Malema retract the “personally offensive, untrue” statement and issue a public apology knowing that he had lied.
“Typically, after slandering my reputation and impairing my dignity, Mr Malema has gone undercover leaving his attorneys to correspond with me as his shield.
“On Mr Malema’s behalf, they make the following claim, amongst others, that ‘Our client denies that he unlawfully and intentionally defamed your client’.
“Furthermore, and oddly enough, they remark that ‘while our client understands that his remarks may have been perceived as harsh, they were intended to contribute to the public conversation around the VBS scandal rather than harm your client.’
“In the circumstances, I wish that Mr Malema shows the courage to retract the false statement and issue a public apology to the SA public and my family in whose eyes he falsely and with deliberate intent chose to irreparably lower my good standing and additionally impair my dignity,” Pandor wrote.
Although his lawyers had responded to Pandor, Malema’s phone was off when The Star tried to call yesterday.
EFF spokesperson and MP Sinawo Thambo did not respond to a text seeking comment.
However, during the said interview Malema, insisted that it was not only embattled Justice Minister Thembi Simelane who benefited from the multibillion-rand VBS scandal.
“You are right, you are saying people are being held accountable. When I heard that he (Brian Shivambu) is paying back the money, that is part of being held accountable.
“Naledi Pandor was also in the VBS bond or something ... Yes, she was there, they are your darlings, you’ll never know their names. You know the names of those you don’t like. To demonstrate there is no principle, many names, a lot of names are there. This is just used to blackmail people,” Malema said.
The Star