There are a number of defences that an alleged "defamer" can rely on to defend a defamation claim, including showing that the offending statement was true and that it was fair comment.
Steinberg, however, said that the facts before the court had shown that the EFF's allegations against Manuel were false. She said the facts showed Manuel was not a relative of Kieswetter and had no business relationship with the new commissioner.
She said there was no corruption on Manuel's part in the appointment of Kieswetter.
"It has been shown that the allegations are false; the defence on substantial truth must fail," Steinberg said.
She said once it had been established that the "facts" the EFF relied on to make the defamatory statements were false, the defence of fair comment also fell away.
The EFF is yet to argue its case. It has opposed the application.