The Johannesburg High Court has ruled that businessman and Patriotic Alliance deputy president Kenny Kunene must cover the legal costs of Economic Freedom Fighters (EFF) leader Julius Malema after failing to have Malema’s defamation lawsuit dismissed.
Malema is suing Kunene for R1 million in damages over a 2023 televised interview in which Kunene referred to him as a “cockroach.” Malema argues the term is not only dehumanizing but also carries historical associations with incitement to violence.
Following the eNCA broadcast, Malema filed suit, calling the remarks defamatory and harmful to his reputation. Kunene sought to have the case thrown out, claiming his comments were political speech and thus protected. However, Judge Motsamai Makume rejected his application, stating that Malema’s case had merit and that likening a political opponent to a “cockroach” could fuel hatred—particularly in South Africa’s volatile political climate.
Legal analysts view the ruling as a significant precedent on the boundaries of political rhetoric. “Freedom of expression doesn’t extend to hateful or inciteful language,” said constitutional law expert Thandiwe Moletsane.
The EFF welcomed the decision, with spokesperson Sinawo Thambo calling it a “rebuke of inflammatory rhetoric disguised as political debate.” Kunene has yet to comment, though insiders suggest he may appeal.
The case will now proceed to trial, where the court will determine whether Kunene’s remarks constituted unlawful defamation and assess potential damages. The outcome could shape future limits on political speech in South Africa, balancing free expression against the risks of verbal attacks in public discourse.
