EFF leader Julius Malema’s legal representatives had their hands full on Wednesday dealing with two separate legal issues, both of which coincidentally involving incidents that happened in Eastern Cape.
In one event, the England Slabbert Attorneys representing Malema wrote to Eastern Cape Premier Oscar Mabuyane telling him to go fly a kite over his demand for the former Youth league president to retract defamatory statements he made outside KuGompo City Magistrate’s Court recently after his sentencing following shooting a rifle in the air during a rally in 2018.
In a separate legal letter, the same law firm wrote to national director of public prosecutions Andy Mothibi laying a complaint against the prosecutor who secured the guilt verdict and five-year sentence against Malema in the rifle-shooting case.
‘Fair political comment’
In the Mabuyane saga, Malema, through his lawyers appears to be somersaulting saying what he said about Mabuyane having stolen a master’s degree at the University of Fort Hare was fair political speech emanating from information that is in the public domain.
“We record that the facts relating to your client’s deregistration from the University are well known by the public as they have been widely published in the media since at least July 2023. The facts are, therefore, firmly in the public domain.
“Accordingly, your client cannot reasonably hold our client liable for reflecting on an issue that is based on widely spread allegations which were already in the public domain.”
Malema dares Mabuyane
Malema is adamant that if Mabuyane still feels defamed after this response, he must go to court and will be met with a spirited defence of the lawsuit which will also drag President Cyril Ramaphosa and the SIU into the fray.
“Accordingly, our client declines your demand for an apology and retraction. Should your client proceed to institute any proceedings against our client, be that urgent or otherwise, our instructions are to oppose or defend such proceedings, and to join the President, the SIU, and the University to such proceedings due to the issues that are likely to arise and the interest that they are bound to have in the litigation.”
Prosecutor ‘exceeded his powers and authority’
In the offensive against the prosecutor, Malema is adamant that Adv Noel Sesar committed misconduct by sharing information and issueing an instruction in the firearm-related case that could only be done by the magistrate when he ordered for the rifle to be returned to its legal possessor after it was used as evidence in court.
“It is clear that the court has the power to order the return of an exhibit to the lawful possessor at the conclusion of the criminal trial. The prosecutor (the state) does not have such authority. Adv Sesar thus acted ultra vires and exceeded his powers and authority, entirely. He usurped the powers of the Court, despite his duties as officer of the Court,” wrote Malema’s lawyers to Mothibi.
“Mr Sesar is also potentially in violation of his oath of office. The NDPP should investigate how it came about that on the 30th September 2025 he was able to advise Mr Snyman to collect the firearm on the 1st October 2025. Mr Sesar appears to also misled the court in regard to what he said on the 15th April 2026.
“Our clients believe that the circumstances of the return of the firearm point to prior knowledge of the decision of the Magistrate on the part of Mr Sesar, which is serious prosecutorial misconduct.”
- Julius Malema's lawyers are addressing two separate legal issues related to incidents in Eastern Cape involving defamation claims and prosecutorial conduct.
- Malema's attorneys rejected Eastern Cape Premier Oscar Mabuyane's demand to retract defamatory statements about Mabuyane allegedly stealing a master's degree from the University of Fort Hare, citing the information as public political commentary.
- Malema threatens legal action if Mabuyane proceeds, indicating President Cyril Ramaphosa, the SIU, and the university will be involved in the defense.
- The same law firm lodged a complaint against prosecutor Adv Noel Sesar for allegedly exceeding his authority by ordering the return of a rifle used as evidence after the trial, an act they claim should have been ordered by the magistrate.
- Malema's team accuses Adv Sesar of possible prosecutorial misconduct, including misleading the court and acting outside his powers, and calls on the National Director of Public Prosecutions to investigate.
EFF leader Julius Malema's legal representatives had their hands full on Wednesday dealing with two separate legal issues, both of which coincidentally involving incidents that happened in Eastern Cape.
In one event, the
In a separate legal letter, the same law firm wrote to national director of public prosecutions
In the Mabuyane saga, Malema, through his lawyers appears to be somersaulting saying what he said about Mabuyane having stolen a master's degree at the University of Fort Hare was fair political speech emanating from information that is in the public domain.
"We record that the facts relating to your client’s deregistration from the University are well known by the public as they have been widely published in the media since at least July 2023.
"
Malema is adamant that if Mabuyane still feels defamed after this response, he must go to court and will be met with a spirited defence of the lawsuit which will also drag President Cyril Ramaphosa and the SIU into the fray.
"
In the offensive against the prosecutor, Malema is adamant that Adv Noel Sesar committed misconduct by sharing information and issueing an instruction in the firearm-related case that could only be done by the magistrate when he ordered for the rifle to be returned to its legal possessor after it was used as evidence in court.
"It is clear that the court has the power to order the return of an exhibit to the lawful possessor at the conclusion of the criminal trial.
"Mr Sesar is also potentially in violation of his oath of office.
"Our clients believe that the circumstances of the return of the firearm point to prior knowledge of the decision of the Magistrate on the part of Mr Sesar, which is serious prosecutorial misconduct."
