EFF leader Julius Malema has turned to the courts seeking a public apology from Patriotic Alliance deputy president Kenny Kunene for claiming Malema was at the “command or service” of a controversial taxi boss.
The dispute stems from comments made by Kunene during a February 19 interview on Podcast and Chill with MacG, in which Malema claims Kunene said Malema would “drive to the farm of” now-dead Jotham Zanemvula “Mswazi” Msibi, described as a central figure and alleged leader of a criminal network linked to the “big five” cartel.
Malema took issue with Kunene repeatedly referring to Malema as a “boy”, and saying that Malema “wants to be a white person”.
Malema states in an affidavit that any listener is likely to conclude that he is “dishonest” and engaging in criminal conduct.
Malema has approached the high court in Johannesburg on an urgent basis, arguing that the statements are false and defamatory and seeking a retraction and apology.
But in court papers filed in response, Kunene says the podcast has already been made public and a retraction would be difficult.
He alleges in his responding papers that Malema delivered about R80,000 in cash to Msibi.
Msibi, widely known as “Mswazi”, was a prominent, influential figure in the taxi industry and a former leader in the South African National Taxi Council (Santaco). He died in January 2024. In the court papers, he is identified as the individual referred to as “Taxi Boss M”.
Publicly, Msibi was regarded as a central figure in the development and consolidation of the taxi industry, including as a founding figure in Santaco and a long-standing operator in taxi associations and business structures. He was widely seen as a powerful broker in the sector, with influence extending across taxi operations and related business networks.
Testimony before the Madlanga commission has linked Msibi, through sworn evidence, to a network referred to as “The Firm”, under which the “big five” cartel is alleged to operate. Witnesses have described him as a central or senior figure within that structure.
The cartel has been described in testimony as a Gauteng-based organised crime syndicate allegedly involved in activities including extortion, contract killings, kidnappings, tender manipulation and influence over parts of the criminal justice system.
Msibi’s connection to Malema has previously entered the public domain. Malema attended and spoke at Msibi’s funeral in January 2024, at which he referred to their interactions and engagements. Kunene is relying on this to argue that a relationship between the two men existed.
An anonymous witness alleges in an affidavit that Msibi was connected to a broader criminal network associated with the “big five” cartel and that elements of this network have been referenced in testimony linked to the Madlanga commission of inquiry.
The affidavit alleges that Malema interacted with Msibi, who was connected to networks referenced in Madlanga commission-related testimony.
Malema disputes that he conducted late-night visits to meet Msibi or delivered cash. He argues the statements go beyond political criticism and amount to factual allegations that harm his reputation.
Kunene, in his answering affidavit, does not retract the claims. Instead, he argues that the statements are substantially true and made in the public interest, and that the matter should be tested through oral evidence given the disputes of fact.
‘Late-night visits to secure compound’
The anonymous witness alleges that Malema visited a secured compound linked to Msibi and delivered cash during those visits, framing these interactions as part of a pattern of late-night meetings and financial exchanges. The affidavit further situates these claims in a broader context of alleged organised criminal activity referenced in testimony before the Madlanga commission.
Another affidavit, deposed by Tshepo Molekoa, states that he worked for Msibi and lived at Uviwi Lodge, the property identified in the papers, which he describes as a highly secure compound with controlled access and armed guards.
He alleges that he personally observed Malema at the property on multiple occasions, including late-night visits, in some instances about 2am. He states that Malema would arrive at the property and meet Msibi in a designated area used for private engagements.
Molekoa further alleges that at least once Malema arrived carrying a black Louis Vuitton bag, which he (Molekoa) was instructed to open and count.
“I took the bag and counted the money inside,” Molekoa states in his affidavit, adding that the amount was about R80,000.
He describes the process as structured and deliberate, stating that the handling of the bag followed established practice at the property. He further alleges that this was not an isolated incident, describing at least one additional visit involving a similar bag and a pattern of repeated engagements between Malema and Msibi.
The affidavit also refers to the presence of businessman Ze Nxumalo during one of the visits.
Kunene argues that the level of detail contained in the affidavits supports his position that the matter should be tested through oral evidence rather than decided on affidavits alone.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.