
The Gauteng High Court has found controversial blogger Musa Khawula in wilful contempt of court for failing to comply with an earlier order involving EFF leader Julius Malema and his wife Mantoa Malema.
The judgment, handed down in Johannesburg, relates to Khawula’s failure to issue a public apology and pay legal costs after making defamatory allegations about the Malemas’ marriage.
The court sentenced Khawula to 30 days’ direct imprisonment, but suspended the sentence for 30 days on condition that he complies with the original order within that period.
If he fails to do so, the suspension will fall away automatically, and the jail term will become immediately enforceable.
The Malemas approached the court on an urgent basis after Khawula allegedly ignored an order granted on 14 April 2026. That earlier order, issued by the High Court, required him to retract the statements, publish an apology, and cover the couple’s legal costs.
In this week’s ruling, the court condoned non-compliance with standard timeframes and allowed the matter to be heard as urgent, noting the ongoing harm caused by the failure to comply.
It also granted substituted service, allowing legal documents to be served on Khawula via email and his social media platforms, including Instagram, Facebook and X (formerly Twitter), where he has built a large following known for celebrity gossip and controversial claims.
In its ruling, the court found that Khawula’s failure to comply with the April order was not accidental but wilful, meaning he deliberately ignored the court’s directive.
The order sets out strict steps should he fail to comply within the next 30 days. Khawula will be required to present himself at the nearest police station to begin serving his sentence. If he does not do so voluntarily, authorities will be required to intervene.
The Minister of Police and the National Commissioner of the South African Police Service have been cited in the order and may be instructed to ensure that Khawula is arrested and detained if he fails to hand himself over.
In addition to the suspended jail sentence, Khawula has been ordered to pay the legal costs of the application on an attorney-and-client scale, including the costs of two counsel — a punitive costs order that signals the court’s disapproval of his conduct.
The case stems from a series of social media posts in which Khawula made allegations about the Malemas’ marriage. The couple turned to the courts, arguing that the claims were defamatory and damaging to their reputation.
The High Court initially ruled in their favour in April, ordering Khawula to remove the posts, issue a public apology and pay costs. However, his failure to comply with that ruling triggered the contempt proceedings that have now resulted in the suspended prison sentence.
Legal experts say the judgment reinforces the principle that court orders must be obeyed, regardless of whether a matter originates on social media platforms.
The court’s willingness to allow service via digital platforms also highlights how the legal system is adapting to cases involving online personalities whose primary presence is on social media.
Khawula now has a 30-day window to comply fully with the court’s order. Should he fail to do so, the suspension of his sentence will lapse automatically, and he will be required to serve the 30-day jail term.
For now, the outcome leaves Khawula under mounting legal pressure, with the threat of imprisonment hanging over him if he does not act within the court’s deadline. Khawula had not responded.


