Cultural activist Ngizwe Mchunu issues a profuse apology to the North Gauteng High Court after being found in contempt for making defamatory statements about EFF leader Julius Malema, violating a prior court order. The apology suspends his arrest warrant.
Cultural activist and former radio presenter Ngizwe Mchunu has issued a profuse apology to the North Gauteng High Court just hours after being found in contempt for violating court orders.
The contempt ruling stemmed from derogatory remarks Mchunu made against Economic Freedom Fighters (EFF) leader Julius Malema during media interviews in late April. In those interviews, Mchunu accused Malema of receiving 60 million rand from Nigerian drug dealers and called him a dead snake and a dog, among other insults. These statements were in direct violation of a prior court order prohibiting such defamatory language.
The court, presided over by Judge President, found Mchunu intentionally and unlawfully republished prohibited statements, thus breaching the earlier ruling. As a result, a warrant for his arrest and detention was issued, but its execution was suspended on condition that Mchunu issue an unreserved apology on his social media platforms and to all media outlets where he repeated the statements. The court also mandated that the apology be uploaded to the electronic case management system Caselines.
Failure to comply would allow Malema to approach the court to enforce the warrant. Additionally, Mchunu was ordered to cover the legal costs of the contempt application, including the fees for two counsel on an attorney-and-client scale. In an about-turn from his earlier defiance, Mchunu submitted a formal apology on Friday evening, expressing remorse for his contemptuous behavior. I have carefully considered the ramifications of my conduct, he wrote.
In particular, taking into account the influence I command in the Republic of South Africa, it is my duty as a leader to always exhibit exemplary conduct. Such conduct shall include respecting the decisions of this honourable court. He acknowledged that compliance with court orders is fundamental to the administration of justice and pledged to refrain from making any further disparaging statements against Malema.
The apology was accepted by the court, and the warrant and detention were suspended for a period of six months from the date of the apology, provided Mchunu does not repeat the prohibited statements during that time. The case highlights the tensions between free speech and court orders, especially in the highly charged political atmosphere of South Africa.
Mchunu, a former Ukhozi FM personality and known supporter of former President Jacob Zuma, has been a vocal critic of Malema and his party. The July 2021 unrest, in which Mchunu was implicated for inciting violence, also looms in the background, though this specific case deals solely with his contempt of court. This incident is part of a broader pattern of political figures clashing with the judiciary.
The fight to keep Cyril Ramaphosa as president was a rallying cry among certain factions, and Mchunu's attacks on Malema were seen by some as an attempt to destabilize the opposition. However, the court's swift action underscores the importance of upholding legal orders, regardless of one's political standing. The apology, while conditional, may help restore some credibility to Mchunu, but it also serves as a warning to others who might consider similar violations.
The case has drawn significant media attention, with many South Africans watching to see if Mchunu will adhere to the court's conditions. If he fails to do so, Malema is likely to seek enforcement of the warrant, leading to potentially severe consequences for the former radio host. The judicial system's handling of this matter demonstrates its commitment to maintaining order and respect for the rule of law, even in the face of inflammatory rhetoric
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