By Lehlohonolo Lehana.
The Western Cape High Court dismissed EFF leader Julius Malema’s attempt to challenge an order from Parliament’s ethics committee to apologise to Judge Keoagile Matojane.
In papers filed at the Western Cape High Court, former NA speaker Nosiviwe Mapisa-Nqakula defended Parliament’s right to hold Malema accountable – as a Member of Parliament – for his unethical questioning of then-Gauteng High Court Judge Elias Matojane during JSC interviews held in 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.
The EFF leader had originally responded to the ethical complaint levelled against him by Casac’s Lawson Naidoo by stating: “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.
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.
Meanwhile the British High Commission in South Africa has issued an official apology to Malema for failure to process his visa application.
Malema was due to speak at the Cambridge University’s Africa Together Conference.
British High Commissioner to South Africa Antony Phillipson apologised in a formal letter, attributing the failure to delays caused by “the necessary steps required to consider visa applications and the unfortunate timing of some recent UK Bank Holidays.”
“I have been following the processing of the necessary visa for Malema and am writing to personally apologise,” Phillipson said in the letter.
“I recognise that this will be deeply disappointing, especially as the delegation applied in advance and some paid for priority service.
”I am afraid, though, that I have no means of intervening in the decision-making process itself which is solely a matter for the Home Office.”
“I renew my sincere apologies again to them that the Home Office were unable to process the applications in time on this occasion,” said Phillipson.
In a statement posted to his X (formerly Twitter) account on Wednesday, Malema expressed outrage, claiming the denial was politically motivated.