EFF leader Julius Malema has until 30 September to deliver a formal apology to Judge Elias Matojane and the Judicial Service Commission in the National Assembly, or risk being found in contempt of Parliament.

The apology stems from Malema’s conduct during a 2021 JSC interview when Judge Matojane was being considered for appointment to the Supreme Court of Appeal.

Malema, who was serving as a member of the JSC at the time, questioned the judge about his 2019 ruling which found the EFF, Malema and party spokesperson Mbuyiseni Ndlozi liable for defaming former finance minister Trevor Manuel. Judge Matojane had ordered them to pay R500 000 in damages, though this amount was later set aside by the Supreme Court of Appeal.

During the April 2021 interview, Malema admitted he was “reluctant” to raise the matter due to his personal involvement in the case, but proceeded to question Judge Matojane on how he arrived at the R500 000 figure without hearing oral evidence.

The Council for the Advancement of the South African Constitution’s executive secretary Lawson Naidoo subsequently lodged a complaint with Parliament’s Ethics Committee.

In November 2021, the committee found that Malema had violated the Code of Ethical Conduct and Disclosure of Members’ Interests by using his position on the JSC to advance his personal interests rather than placing public interest first. The committee recommended that he apologise in the House to both Judge Matojane and the JSC.

Malema challenged the decision, filing a review application in the Western Cape High Court in February 2022. However, the court dismissed his application in May 2025, finding all five grounds of review to be without merit.

National Assembly Speaker Thoko Didiza initially ordered Malema to enter the apology by February 2026, but when he failed to comply, she referred the matter to the Committee on Powers and Privileges for consideration.

Committee chairperson Weziwe Tikana-Gxotiwe wrote to Malema in August, asking him to respond to allegations of contempt of Parliament. On 11 August, Malema responded through his legal representatives, indicating that he would comply and requesting a date to tender the apology.

The committee met on 18 August and formally resolved that Malema must tender the apology in the National Assembly by 30 September. He has been instructed to make the necessary arrangements with the Speaker’s office.

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Legal troubles mount for EFF leader

The apology deadline comes at a time when Malema is facing other serious legal challenges. In April, he was sentenced to five years imprisonment by the East London Regional Court after being convicted on multiple firearm-related charges.

The conviction relates to an incident on 28 July 2018 during the EFF’s fifth anniversary celebrations at Sisa Dukashe Stadium in Mdantsane, Eastern Cape, where Malema was filmed firing what appeared to be a rifle into the air.

Magistrate Twanet Olivier found him guilty on five counts, including unlawful possession of a firearm, unlawful possession of ammunition, discharging a firearm in a public place, failure to take reasonable precautions to protect persons or property, and reckless endangerment.

The magistrate granted Malema leave to appeal the sentence, but denied his application to appeal the conviction itself. His legal team has indicated they will petition a higher court to challenge the conviction. Malema remains out on bail pending the appeal. If the sentence is ultimately upheld, he would be disqualified from serving as a member of Parliament.

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