It was David’s case against Goliath in court, but in the end, truth and justice prevailed.
Before the court ruled in Rawula’s favor, Malema threatened to “pull him out” when Malema sued him in an R1 million defamation suit.
The defamation stems from an allegation by Rawula on his Facebook page that Malema and Floyd Shivambu, the EFF’s deputy leader, had committed more than R35m of the party’s money to themselves.
Rawula also claims that the EFF was involved in the looting of VBS Mutual Bank.
He defended himself and brought his case before Judge Nick Mullins against Malema’s three senior advocates.
Mullins found that Malema’s approach was inappropriate.
According to Mullins, Rawula managed to present a defense based on the truth and the public interest.
The court also found that Rawula, because of his senior position in the party, had some information at his disposal which led him to conclude that his statements could be true.
Rawula also did not rely solely on denials, as he argued that he could prove his statements if given the chance.
The fact that Rawula removed the entry on his Facebook page in April 2019 also counted in his favor, as Malema filed the court application in May.
“I feel justified by the court’s decision. I stand firmly behind my statement.
“In the end, justice triumphed.”
Rawula resigned as MP and EFF member in April.
Malema’s legal team argued that Rawula’s statements were defamatory and illegal.
He also wanted Rawula to remove the remarks from his social media platforms.
“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. As the respondent appeared in person, I intend to make no order as to cost, the application is dismissed,” ruled Mulins.
