By Lehlohonolo Lehana.
Finance minister Enoch Godongwana has won the first round of his civil claim against controversial businessman Mthunzi Mdwaba over allegations that he solicited a R500 million bribe.
The Johannesburg High Court has ruled bribery allegations against Godongwana are defamatory and unlawful.
Mdwaba stated that Godongwana gave permission for the criminal scheme in which a bribe of R500 million was solicited to three members of Cabinet, and Fikile Mbalula the ANC Secretary General.
On 09 November, Mbalula laid Crimen Injuria charges against the CEO of the Holding Company.
The finance minister denied the accusation, saying he had never solicited a bribe and never sent an intermediary to find out whether Mdwaba would be amenable to paying one.
Godongwana’s legal team emailed Mdwaba on Wednesday, 08 November calling the statements he made during the interview false, malicious and defamatory.
“It is declared that the respondent’s publication of the statement is unlawful and that he is liable to pay damages to the applicant,” said Judge Dario Dosia.
“The respondent is interdicted from doing any interview that says or implies that the applicant tried to solicit a bribe in the amount of R500-million.”
Dosia said Mdwaba had not produced any proof of being pressured to pay the bribes.
“It is unfortunate that the respondent does not trust the police or that he is unwilling to provide the media with the names of the intermediaries,” he said.
“He should have verified the truth thereof and laid a formal charge. The respondent cannot expect the public to believe him and continue spreading these allegations without supporting proof.”
Dosia has not yet awarded any damages or ordered Mdwaba to retract and apologise, saying these matters still needed to be hashed out at later hearings.
On social media platform X, Mdwaba described the decision as “bizarre”, adding he and his legal team were studying the judgment.
Mdwaba, meanwhile, is expected back in court next Friday for a separate case brought against him and his company, Thuja Holdings, by the Minister of Employment and Labour, Thulas Nxesi.
Nxesi approached the court in an urgent application to have the contentious Unemployment Insurance Fund (UIF) and Thuja Holdings R5-billion job-creation deal set aside.
The minister raised concerns about the deal’s legality and validity, arguing that it was concluded in breach of the Public Finance Management Act.