SCA dismissed EFF appeal in battle against Trevor Manuel

The court on Thursday ruled that comments the party's leader Julius Malema made about former finance minister Trevor Manuel were derogatory.

The aspect of the R500,000 damages the court awarded to Manuel have been referred back to the trial court.

The case is linked to comments made by Malema, who accused Manuel of corruption and nepotism after chairing a committee which advised President Cyril Ramaphosa on appointing Edward Kieswetter as commissioner of the South African Revenue Services (Sars). 

“The SCA held that the statement was clearly defamatory and that it was neither true and in the public interest, nor fair comment. The reason was simply that the allegation of a relationship between Mr Manuel and Mr Kieswetter was denied by Mr Manuel and the EFF made no attempt to prove that such a relationship existed,” the SCA ruled.

“The SCA then considered the relief granted. It held that the High Court was justified in making a declaratory order and issuing an interdict. However, it said that claiming damages in application proceedings without hearing oral evidence was impermissible.  

“Such claims may only be pursued through a trial action. The basis of Mr Manuel's claim to have suffered damages to his reputation was disputed and could only be resolved by hearing evidence.

He court continued: “Additionally, the amount of the award far exceeded the awards in comparable cases. The SCA accordingly granted leave to appeal in regard to the award of damages and upheld the appeal against that award. In the special circumstances of the case, it referred that issue for determination after hearing oral evidence.” 

 Read the full statement below

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