EFF Leader Julius Malema Accused of 'Scandalising the Court'

Julius Malema, the leader of the Economic Freedom Fighters (EFF), South Africa, has recently been embroiled in a controversial event which has left him susceptible to criminal charges pertaining to 'scandalising the court'. Last week, during a public address outside the East London Magistrate's Court on 19 October 2023, Malema made a series of intense allegations against the presiding magistrate in his criminal trial, Twanet Olivier.

The EFF leader accused Olivier of not authoring the judgement that went against him in his bid to have his charges dismissed. He furiously claimed that she received instructions from Pravin Gordhan, President Cyril Ramaphosa, and Shamila Batohi about her ruling, rendering her judgement 'sponsored.' Malema also didn't hold back on personally attacking the magistrate, labelling her as racist, incompetent, disorganised, and even questioning her reading abilities.

While Malema's accusations seem self-serving and lack credible evidence, they seem to be strategically aimed at delegitimising the trial and its verdict. Seeking to intimidate Olivier, Malema appears to be forcing an outcome in his favour, irrespective of the case against him. Malema's tactics bear resemblance to those of Donald Trump, who also criticised and accused judicial figures during his legal battles.

While criticism of court decisions and judicial figures is generally accepted, given it is grounded in truth and good faith, Malema's accusations far exceed normal criticism. They are sinister attempts to erode public confidence in the administration of justice. It's noteworthy that even though false and defamatory attacks are unpalatable, they don't necessarily qualify as 'scandalising the court.' However, Malema's public allegations of the magistrate's bias and corruption could be viewed as such, and that may lead to a legal backlash against him.

Despite this, a potential backlash for criticizing judicial figures could present a chilling effect, inhibiting public discourse over the courts' accountability. Nevertheless, the implications of Malema's corrosive allegations could still see him face criminal charges. Notably, this isn't a measure employed to protect the presiding officer's feelings or reputation, but a necessary endeavor to safeguard the public's trust in the judicial system.