The R1 million defamation case brought by EFF leader Julius Malema against Patriotic Alliance deputy president Kenny Kunene has been struck off the roll after Malema’s legal team failed to comply with court directives.
The matter was due to be heard in the Gauteng High Court in Johannesburg on Tuesday, 9 June, but Judge Leonard Twala struck it from the roll and ordered Malema to pay Kunene’s legal costs.
Malema’s lawyers failed to upload certain documents to the online CaseLines system by an April deadline, only filing them on Monday night, hours before the hearing. Advocate Mfesane ka Siboto, appearing for Malema, asked for leniency, arguing the non compliance was an administrative error and not intentional.
The defamation case relates to comments Kunene made during an interview on Podcast and Chill on 20 February. Malema’s court papers identified 10 defamatory statements, including claims that Malema made late night visits to the farm of late taxi boss Jothan Mswazi Msibi, received an R80,000 cash payment in a Louis Vuitton bag, and had an unusually close relationship with alleged cigarette smuggler Adriano Mazzotti.
Kunene submitted witness statements supporting his claims, including from a man who said he worked and lived with Msibi and saw Malema at the farm on at least seven occasions. The witness also claimed to have counted R80,000 in cash from a Louis Vuitton bag brought by Malema. Another witness, identified as Witness A, claimed to have seen Malema at the property at least five times.
Malema’s legal team challenged the credibility of both witnesses, arguing there were no employment records or photographs to prove they worked for Msibi, and questioned whether the witnesses actually exist.
Regarding the claim that Malema lived in Mazzotti’s backroom, Kunene’s legal team noted that Malema admitted his wife rented a home within a cluster that included Mazzotti’s residence, arguing the disagreement was about description rather than fact.
Malema has denied all allegations and insisted any interaction with Msibi related to transport arrangements for EFF rallies. He has publicly conceded he knew the taxi boss, met him on several occasions and attended his funeral, but rejected any involvement in criminal activity or financial dealings.
Kunene welcomed the ruling as a victory for freedom of expression, accusing Malema of misusing the justice system. Malema’s legal team indicated it intends to re enrol the matter. The pair are already locked in separate litigation after the Equality Court found in August 2025 that Kunene’s repeated references to Malema as a cockroach constituted hate speech. Kunene is appealing that ruling.