Malema won’t budge in R1m battle

EFF leader refuses to hand over documents to former member he is suing for accusing him of VBS-linked corruption

EFF leader Julius Malema, who is suing a disgruntled former party member for R1m, is refusing to hand over documents to his accuser, saying he fears they could be used against him.

Malema has asked the Port Elizabeth High Court to declare former MP Thembinkosi Rawula’s claims of corruption against him as defamatory and wants them to be removed from Rawula’s personal Facebook page.

He has also asked the court to order Rawula to publish on social media an unconditional apology for and retraction of the comments he made about Malema and EFF deputy president Floyd Shivambu.

Malema is seeking R1m in respect of damages.

On April 5, Rawula claimed on social media that the EFF had accepted money from VBS Mutual Bank to finance “the revolution”, and that the party’s leaders had instead used party money to fund their expensive lifestyles.

VBS was placed under curatorship in March 2018 following a liquidity crisis and allegations of large-scale looting.

Rawula’s post received substantial media attention.

“The general theme of the defamatory statements was that I am corrupt and stealing money,” Malema said in an affidavit before court.

He said it amounted to political sabotage.

On April 6, Malema’s Johannesburg-based attorney wrote to Rawula, asking that he desist from making further defamatory remarks, giving him until April 8 to remove his post from all social media accounts.

Malema said this was done in hopes of avoiding litigation.

But on April 7, Rawula wrote back, refusing to retract his comments and requesting that documents, minutes, resolutions, bank statements and the audited financial statements of the EFF be made available to him.

He said he wanted proof that Malema had not used EFF funds for his personal gain.

“It is common knowledge that [Malema] is very powerful . . . can silence any [dissenting] view successfully and has blocked all the efforts to get hardcopy evidence,” Rawula said.

Malema said this request alone proved that Rawula’s approach was to “defame now and hope to prove later”.

Given the tension that now existed between the two men, even if he were to provide Rawula with the information, he feared he would attempt to use it against him.

“I am caught between two unconscionable choices. Either I refuse to comply with his demands or I acquiesce in them.

“In the former instance, my silence will be interpreted as an admission and in the latter, if I provide him with the information, he will use it to weaponise against us,” Malema said.

Rawula, 39, of Motherwell, was a member of the EFF for six years and served on the party’s central command team. He was also an MP.

He resigned on April 10 to “save face” after the EFF tried to expel him. He has since returned to the ANC.

Malema said prior to his resignation, Rawula was a fellow fighter and subscribed to the party’s vision and policies.

But, even after receipt of the lawyer’s letter, he proceeded to conduct a television interview – viewed more than 90,000 times – in which he affirmed the allegations.

“This demonstrates that he is hellbent on causing as much damage to me as he can achieve,” Malema said.

Rawula, in defending the court action, said he was not the only EFF member to be expelled for speaking out.

In 2015, several members were expelled after accusing Malema of not being accountable for funds and the way they were being used.

The matter has been set down for October 10.

In responding court papers, Rawula rubbished claims that he was trying to dislodge Malema from his position, saying the EFF leader was far too popular among party members.

“I have no control or influence comparably to him, and neither do I have resources to influence structures of the EFF, so any stretch of imagination that I wish I could play his role is a paranoia of unmeasurable quantity,” Rawula said.

“In short, he knows I cannot match his popularity.”

Malema had accused Rawula of being envious of his role in the EFF, and in SA politics.

“Rawula seeks to abuse his right to freedom of expression in the hope of securing my removal from the EFF’s leadership and to send me into the political wilderness.”

Malema said his personal interest in the application was not only to defend his own name and dignity, but also to act in the interests of the EFF.

He said these “vicious” and “defamatory” attacks only emerged after Rawula failed to secure his own political future.

“[Rawula] intends on destroying my political name and reputation.”

But Rawula contends that while he never accused Malema of stealing money, the EFF did receive funds from VBS.

“Malema is well known for exposing people that are allegedly engaged in matters of corruption and mismanagement of public funds. He cannot demand accountability from the former state president [Jacob Zuma] . . . yet he refuses to be held accountable for the organisational funds coming from the state.”

Rawula said as a result of his public stance, after he was nominated in the list conference Malema had removed his name from the ballot.

He said the list of candidates was decided by Malema and his friends.

“If Malema wants to take the court into his confidence on the undemocratic nomination process of the EFF, at least he must not mislead the court.

“None of the allegations have been made with the intention of defamation of both the EFF and Malema, but with the intention to publish the truth,” Rawula said.

‘He is hellbent on causing as much damage to me as he can achieve’

Julius Malema

EFF COMMANDER-IN-CHIEF