BREAKING: Malema Agrees to Apologise to Judge Matojane After Five-Year Battle
EFF leader Julius Malema has agreed to formally apologise to Supreme Court of Appeal Judge Keoagile Matojane and the Judicial Service Commission, bringing a nearly five-year dispute over his conduct during a judicial interview closer to an end.
The fresh development emerged on Monday, 31 August 2026, with Parliament’s Powers and Privileges Committee directing that Malema’s apology must be delivered in the National Assembly no later than 30 September 2026.
Malema agrees to deliver apology
The matter dates back to April 2021, when Malema was serving on the JSC and questioned Matojane during interviews for appointment to the Supreme Court of Appeal.
Malema questioned the judge about a previous ruling involving the EFF and former finance minister Trevor Manuel.
That line of questioning prompted a complaint by Lawson Naidoo of the Council for the Advancement of the South African Constitution.
Parliament’s Ethics Committee subsequently found that Malema had breached the Code of Ethical Conduct and recommended that he apologise to both Matojane and the JSC.
Five-year fight over the sanction
Malema did not immediately deliver the apology.
Instead, he challenged Parliament’s decision in court.
The Western Cape High Court initially suspended implementation of the sanction while Malema pursued his review application.
But his legal challenge ultimately failed.
EWN reports that the High Court dismissed all five grounds of Malema’s review last year.
That left the parliamentary sanction intact.
February deadline passed without apology
National Assembly Speaker Thoko Didiza subsequently instructed Malema to tender the apology by February 2026.
He did not do so.
His failure to comply resulted in the matter being referred to Parliament’s Powers and Privileges Committee in June for possible action.
Committee chairperson Weziwe Tikana-Gxotiwe then asked Malema to respond to allegations that his failure to apologise could amount to contempt of Parliament.
Malema changes course
The significant new development is that Malema has now indicated through correspondence that he is prepared to comply.
According to the committee, Malema responded on 11 August and indicated his willingness to apologise.
He also asked the committee chairperson to provide a date on which he could tender the apology.
The committee has now decided that it must happen by the end of September.
Malema is expected to liaise with the Speaker’s office so that the apology can be delivered during a sitting of the National Assembly.
What Malema’s questioning was about
At the centre of the dispute was an earlier judgment involving the EFF.
Matojane had ordered the party to pay damages to former finance minister Trevor Manuel following defamatory statements relating to the appointment of former SARS commissioner Edward Kieswetter.
When Matojane later appeared before the JSC, Malema questioned him about that ruling.
Parliament’s ethics structures concluded that Malema had improperly used the JSC platform in connection with a matter in which he and his party had a personal interest.
Malema challenged that conclusion, but the courts ultimately did not overturn the sanction.
Apology must now happen in Parliament
The latest decision means the dispute has moved from whether Malema will apologise to when the apology will be delivered.
“The deadline is now 30 September 2026.”
That could create a politically significant moment in the National Assembly, where one of South Africa’s most combative opposition leaders will be required to formally address a sanction arising from his conduct as a member of the country’s judicial appointments body.
The precise sitting at which Malema will make the apology has not yet been announced.
