By Lehlohonolo Lehana.
The High Court in KuGompo City on Thursday granted Eastern Cape premier Oscar Mabuyane leave to appeal its judgment dismissing with costs his application against Economic Freedom Fighters (EFF) leader Julius Malema.
Mabuyane has lost his defamation case against 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 had challenged the university’s decision in court. He won the case against UFH.
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.
Mabuyane has now taken the case to the Supreme Court of Appeal (SCA).
He says he welcomes the opportunity for the matter to be considered by the Supreme Court of Appeal.
“The Premier will consult further with his legal team on the next steps in the appeal process,” the Private Office of the Premier of the Eastern Cape said in a statement.
“Premier Mabuyane respects the courts and will not comment on the merits of the matter while the appeal process is underway.”
Mabuyane 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.
Meanwhile the suspended UFH Vice-Chancellor and Principal Professor Sakhela Buhlungu has resigned, but the university’s Council said his resignation cannot take immediate effect because his contract requires him to serve a notice period.
He is facing charges including gross misconduct, insubordination and bringing the institution into disrepute. One of the allegations against him is that he unlawfully appointed two executive directors.
Elsewhere the judgement has been reserved in an urgent application against African National Congress (ANC) Secretary-General Fikile Mbalula, regarding the party’s candidate lists.
The application was brought by former Nelson Mandela Bay councillor Andile Lungisa, challenging his removal from the party’s candidate list for the upcoming Local Government Elections on 04 November 2026.