By Lehlohonolo Lehana.
Eastern Cape Premier Oscar Mabuyane has lost his defamation case against the Economic Freedom Fighters (EFF) leader Julius Malema over claims that he “stole” a master’s degree from the University of Fort Hare (UFH).
The allegations relating to Mabuyane and the UFH stem from a broader dispute about postgraduate admissions and academic governance at the institution.
The controversy is around how his admission into the Master of Administration programme was processed under a Recognition of Prior Learning (RPL) route, and whether proper procedures were followed.
It gained political traction amid wider forensic and institutional investigations into irregularities at the UFH, including concerns about admissions processes, supervision of postgraduate students, and possible administrative misconduct.
Mabuyane’s deregistration from the programme further intensified scrutiny, even after he maintained that he did not act improperly and has challenged the university’s decision in court.
The defamation case stems from remarks made by Malema outside the KuGompo/East London Magistrate’s Court on 16 April 2026.
Malema had addressed supporters after being sentenced to five years’ direct imprisonment for contravening the Firearms Control Act in relation to firing a rifle into the air at a rally eight years ago.
Addressing supporters, he said: “Police must go to Oscar Mabuyane’s office and arrest him.”
Mabuyane approached the Eastern Cape High Court seeking an order declaring Malema’s statements defamatory and unlawful, and requesting an interdict to prevent further repetition of the claims.
In a judgment delivered on Tuesday, 23 June, Judge Jannie Eksteen dismissed Mabuyane’s application in its entirety with costs.
Eksteen found that Mabuyane had not met the legal threshold required for a defamation claim and accepted that Malema’s remarks were made within a political context involving public interest debate.
The judgment effectively upheld the argument that such statements fall under protected political expression, particularly where they relate to scrutiny of public office bearers.
Following the ruling, the EFF said the court had affirmed that Malema’s comments were protected under the defence of truth and public interest.
“The Court recognised that the public has a legitimate interest in scrutinising the integrity of those who hold high public office,” the party said.
The EFF further called for investigations into the allegations related to the University of Fort Hare to be finalised, framing the ruling as vindication of Malema’s political stance.
Mabuyane’s spokesperson, Sonwabo Mbananga, “said Premier Mabuyane has noted the court’s ruling and, together with his legal team, was studying the judgment in detail before determining his next steps.”
“The Premier wishes to reaffirm his respect for the judiciary, the Constitution, the rule of law and the important role of the courts in resolving disputes through established legal processes,” Mbananga said.
Meanwhile UFH has defended its decision to deregister Mabuyane from the programme, arguing that he did not meet the admission requirements and that the institution had the authority to remove him from the programme.
The matter was heard in the Eastern Cape High Court in KuGompo City, where judgment was reserved. It forms part of a broader dispute over allegations of irregular postgraduate admissions and qualifications at Fort Hare.
Mabuyane is seeking to have his 2021 deregistration from the university’s Master of Public Administration programme declared unlawful.
He holds a Bachelor of Commerce (Economics) degree from the University of Fort Hare and has received several leadership awards, including the prestigious John Calvin leadership award from the Evangelical Presbyterian Church of South Africa.