Gauteng High Court Declares Musa Khawula Posts About Julius Malema Defamatory, Orders Retraction and Costs

Gauteng High Court Declares Musa Khawula Posts About Julius Malema Defamatory, Orders Retraction and Costs
The court held that statements made by Musa Khawula, which alleged that Julius Malema and his wife, Mantoa Malema’s marriage had broken down and that divorce proceedings had been initiated, were false and defamatory. Photo: JCPS

The Gauteng High Court has found that social media commentator Musa Khawula published defamatory, untrue and unlawful statements about Economic Freedom Fighters (EFF) leader Julius Sello Malema and his wife, Mantoa Matlala Malema, relating to their marital status.

In an urgent application heard in the Gauteng Division of the High Court in Johannesburg, under case number 2026-053903, Judge Wright ruled in favour of Malema and Mantoa Matlala Malema. The court held that specific statements made by Khawula, which alleged that the couple’s marriage had broken down and that divorce proceedings had been initiated, were false and defamatory.

The court found that the impugned statements harmed the reputation of the applicants and were made without supporting evidence. It accordingly declared the publications unlawful and ordered immediate remedial action.

The ruling compels Khawula to permanently retract the statements within 24 hours of service of the order. The court further ordered him to publish a full and unreserved apology on his verified X account, formerly Twitter, and to distribute the apology to media outlets and online platforms that had republished or referenced the allegations.

The apology must acknowledge that the claims regarding divorce proceedings, alleged infidelity, and attempts to influence or silence reporting were untrue and made without evidence. The court also directed that Khawula refrain from publishing or causing to be published any further statements that are similar in nature or content to the defamatory claims.

In addition, the High Court granted an interdict restraining Khawula from repeating or amplifying the allegations in any form across platforms under his control or influence.

The court also granted substituted service, allowing the order to be delivered via email and social media accounts associated with Khawula, including messaging platforms and his known online profiles.

On the issue of costs, the court ordered Khawula to pay the applicants’ legal costs on the attorney-and-client scale, a punitive costs order that typically covers a substantial portion of legal fees and may include the costs of two counsel where applicable. The final amount will be determined through taxation by the Taxing Master of the court after submission of a detailed bill of costs.

The dispute arose after Khawula made a series of online posts in which he claimed that Julius Malema and his wife were involved in divorce proceedings and alleged personal misconduct. The posts were widely circulated and subsequently reported on by several media outlets and social media platforms.

The High Court’s ruling brings an urgent end to the matter, reinforcing the legal limits of public commentary and social media publishing where reputational harm is found to be unlawful.

The order requires compliance within a strict 24-hour period following service.

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