EFF leader Julius Malema’s R1 million defamation case against Patriotic Alliance deputy president Kenny Kunene has been struck off the roll at the Johannesburg High Court. The Malema Kunene defamation case collapsed on Tuesday 9 June 2026 due to a filing error by Malema’s own legal team. Furthermore, Judge Leonard Twala ordered Malema’s attorneys to pay the costs of the day. As a result, what was meant to be a major courtroom showdown ended in embarrassment for the EFF leader.
Malema Kunene Defamation Case: What Went Wrong
Judge Twala struck the matter from the roll after Malema’s counsel failed to upload their heads of argument to CaseLines on time. CaseLines is the online case management system used by South African courts. The document was filed on the central platform on time. However, a critical step to load it onto CaseLines where the judge could view it was not completed until the night before the hearing. As a result, Judge Twala had no sight of the heads of argument when the matter came before him on Tuesday morning.
Malema’s legal team acknowledged the administrative error. They confirmed that they plan to re-enrol the matter after fixing the procedural issue. Therefore, the defamation case has not been permanently ended. However, the striking off represents a significant setback and an avoidable one.
What the Case Is About
Malema launched the R1 million defamation lawsuit against Kunene in response to comments made during a February 2026 episode of Podcast and Chill with MacG. During the interview, Kunene made several explosive claims about Malema. He alleged that Malema made midnight visits to the farm of late taxi boss Jotham Msibi, known as Mswazi, and gifted him R80,000 in cash and expensive whiskey. Furthermore, Kunene alleged that Malema lived in the backroom of a property linked to tobacco businessman Adriano Mazzotti. He also claimed that Malema hosted meetings at the property with individuals he described as cartel members.
Mswazi has been identified in previous media reports as the alleged leader of a criminal network called The Big Five, which allegedly had links to organised crime in South Africa. Malema argued in his court papers that Kunene sought to drive a narrative linking him to criminal cartels. He said the allegations were not political jabs but deliberate and damaging falsehoods designed to destroy his reputation. Furthermore, Malema made clear that the lawsuit was not about Kunene calling him a boy on the podcast, which he described as far less serious than the cartel allegations.
Kunene Had Refused to Back Down
Kunene responded to the lawsuit with defiance from the outset. He filed an answering affidavit supported by statements from key witnesses. He publicly refused to apologise or retract his statements. Furthermore, he said he was ready for a full legal battle and would defend his claims in court. As a result, the case had been set up as one of the most anticipated political legal clashes of 2026.
This is not the first time Malema and Kunene have faced off in court. Malema previously won a case against Kunene in the Equality Court in January 2023 after Kunene called him a cockroach. Kunene lost his appeal against that ruling in August 2025. Therefore, Tuesday’s striking off represents a reversal in the legal fortunes between the two men, at least temporarily.
A Bad Day for Malema in Court
The striking off of the Kunene defamation case came on the same day that the Madlanga Commission released explosive WhatsApp messages allegedly linking Malema to suspended Crime Intelligence head Feroz Khan and Carnilinx tobacco co-founder Mohamed Sayed. The messages allege that the three worked together in 2021 to orchestrate the removal of the Inspector General of Intelligence. Furthermore, they allege that Malema sought information from Khan about a VBS Bank case through Sayed.
As a result, Tuesday 9 June 2026 was one of the most difficult days Malema has faced in recent memory. His defamation case against Kunene collapsed due to his own team’s administrative error. His name trended nationally in connection with the Madlanga Commission documents. Furthermore, he faces a separate five-year prison sentence after being found guilty of illegal firearm possession in April 2026, a conviction he is currently appealing.
What Happens Next
Malema’s legal team plans to re-enrol the defamation matter after correcting the CaseLines filing issue. A new date for the case has not been confirmed at the time of publication. Kunene has not yet publicly responded to the striking off of the case. Mzansi Today Live will continue to follow this matter as it develops.
For more on South African court proceedings visit judiciary.org.za.
Editors Note Julius Malema and Kenny Kunene are presumed innocent of any wrongdoing referenced in this article. All allegations made by Kunene on the podcast are unproven. The defamation case has been struck off the roll and not dismissed. Mzansi Today Live will update this article as further information becomes available.