The defamation case brought to the high court by Eastern Cape premier Oscar Mabuyane against EFF leader Julius Malema has been dismissed with costs. The application stems from remarks Malema made outside the magistrate’s court in KuGompo City in April, when he alleged Mabuyane had “stolen” a master’s degree from the University of Fort Hare.On April 17, Mabuyane wrote to Malema demanding that he withdraw the statement and apologise by April 21.When no apology followed, Mabuyane launched urgent court proceedings on April 23.Mabuyane wanted the court to declare the allegations false, defamatory and unlawful, and to interdict Malema from making statements alleging that he stole or fraudulently obtained a master’s degree.In his judgement — delivered by judge Igna Stretch in the high court in KuGompo City on Tuesday — judge Jannie Eksteen said Mabuyane was required to establish a clear right, an injury actually committed or reasonably apprehended and that he had no alternative remedy. Eksteen said the application failed. “There can be no dispute that every individual enjoys a clear right to be protected against unlawful attacks upon his dignity and reputation. But once the defence of truth and public interest is established, he has no right to be protected against lawful criticism. “This is particularly so in the realms of politics. Accordingly, in my view, the interdict, too, cannot succeed,” Eksteen said.Click here to join the Daily Dispatch’s WhatsApp channel and get the latest news delivered straight to your phoneDaily Dispatch