EFF wins right to appeal in failed R1m defamation suit
Rawula to represent himself again
The fight between the EFF and its former MP, Thembinkosi Rawula, is far from over after the party was given the right to appeal its failed R1m defamation suit against the now-resigned party member.
In 2018, Rawula took to Facebook in a post in which he claimed the party’s leaders, Julius Malema and Floyd Shivambu, were involved in financial mismanagement and had accepted a donation from the controversial, now-defunct VBS Mutual Bank.
While the immediate reaction from the EFF was to say Rawula’s post was not true, it added the post was written because Rawula had been excluded from a list of candidates representing the party in parliament.
In May last year, the EFF took Rawula to the Port Elizabeth high court on charges of defamation, asking the court to grant R1m in damages, as well as to interdict Rawula from continuing with his alleged social media misconduct.
However, in November, the court ultimately sided with Rawula, who had represented himself, saying the EFF had no chance of success in proving the leadership had been defamed.
“In conclusion, as the Facebook post had been removed on April 9, I am of the view that the applicant would not even have succeeded with an interim interdict, let alone a final one, and intend to dismiss the application,” ruled acting judge Nicholas Mullins.
The party immediately launched an application for leave to appeal the ruling.
In its arguments, the EFF said it wished to have a higher court declare Rawula’s statement unlawful, that he publish an apology on all of his social media accounts retracting them, that he be interdicted from publishing any further statements implying any corruption or misconduct by Malema, and that he still pay the R1m in damages, as well as the costs of the court proceedings. The arguments submitted by the party claim Mullins had erred in multiple respects during his judgment, namely the judge’s belief that the party had followed the wrong court application to secure its initial interdict and relief.
Speaking to Sowetan’s sister publication Times Select on Thursday, Rawula said he would continue to fight the defamation suit, confirming he would once again be representing himself.
While he admitted he had no legal training, he said he believed the courts would ultimately provide the justice he sought.
“The reason I didn’t hire a lawyer is that even if I succeed, I’d still be paying R1m in legal fees. I just can’t afford a lawyer,” he said.