ADMINISTRATIVE BLUNDER: Julius Malema’s defamation case against Kenny Kunene collapses before starting, with costs awarded

An administrative blunder by EFF leader Julius Malema’s legal team has handed the PA’s Kenny Kunene an early courtroom victory after Malema’s defamation case was struck from the roll.

Following the striking of Julius Malema’s R1-million defamation case against Patriotic Alliance deputy president Kenny Kunene from the court roll, a series of allegations against the EFF leader remain unresolved. These assertions include late-night visits to a secluded farm, the receipt of an R80,000 cash payment inside a Louis Vuitton bag, and an unusually close relationship with an alleged taxi cartel kingpin.

Malema and Kunene’s legal teams were due to battle it out in the Gauteng High Court in Johannesburg on Tuesday, 9 June, but the matter was struck from the roll after Malema’s legal team failed to comply with the court’s directives.

The issue arose when Malema’s lawyers failed to upload certain documents to the online CaseLines system by the April deadline, only filing them on Monday night, hours before the hearing.

As a result, Judge Leonard Twala struck the matter from the roll and ruled that Malema must pay for the costs of Kunene’s legal team.

Before the ruling, advocate Mfesane ka-Siboto, appearing for Malema, asked the court for leniency, arguing that the non-compliance was not intended to defy the court’s directives, but was instead the result of an administrative error on the part of Malema’s legal team.

According to Malema’s court papers, Kunene made 10 defamatory statements during the interview, including claims about his alleged dealings with the late taxi boss and alleged “Big Five” cartel leader Jothan “Mswazi” Msibi and his relationship with businessman and alleged cigarette smuggler Adriano Mazzotti.

“Julius would drive at midnight, at two o’clock when that man calls and drive to his farm ... Mswazi.”

“Julius will leave the backroom here of Mazzotti and drive to that man’s house…”

The EFF leader said these statements suggest that he is associated with criminal conduct through his relationship with Msibi, which has damaged his reputation.

An ordinary listener would understand the remarks to mean that he was effectively under Msibi’s control and engaged in unlawful activity through that association, Malema’s legal team argued.

Malema has denied the allegations and insists that any interaction he had with Msibi related to transport arrangements for EFF rallies and political events.

Two months ago, Malema publicly addressed his relationship with Msibi, conceding that he knew the taxi boss, had met him on several occasions and attended his funer