By Lehlohonolo Lehana.
The Durban High Court has on Tuesday, 31 March 2026, dismissed Calvin Mathibeli’s leave to appeal the ruling ordering him to apologise and remove all defamatory posts against Kwazulu-Natal (KZN) SAPS commissioner.
Mathibeli had sought to appeal the ruling which gave him 24 hours to remove all defamatory posts which he had made about Lieutenant General Nhlanhla Mkhwanazi on social media, websites and digital media.
He was prohibited from repeating false accusations he had made against Mkhwanazi.
Mathibeli alleged that Mkhwanazi was planning to kill him, was an “ice boy” to taxi people and private security owners who were targeting him, ordered killings, and that police operations first secured space in mortuaries.
Following these allegations Mkhwanazi filed an urgent High Court application seeking a gag order, arguing that the egregious statements not only damaged his reputation as a provincial police commissioner but also tarnished the image of the police force and eroded public confidence in the KZN police.
Mkhwanazi also urged the court to order Mathibeli to retract, delete, and remove all the defamatory statements.
The judge agreed with Mkhwanazi’s lawyer, Advocate Muzi Sikhakhane SC, that Mathibeli had portrayed the top cop as a corrupt criminal official who gives unlawful instructions to kill human beings.
Mathibeli was further directed to pay the costs of the application, including those consequent upon the employment of two counsel on scale B.
Mkhwanazi has welcomed the judgement, saying that it is a valuable lessons to loose-tongued individuals who recklessly defame others with no proof. “This victory is for law-abiding South Africans who denounce criminality and aspire for a crime-free South Africa.”
Anyone can be challenged, but defaming a person should not be part of the debate. The law is for us all, and everyone has Constitutional rights which must be respected at all times, said Mkhwanazi.
Meanwhile major General Vuyisile Ncata has been appointed as the South African Police Services (Saps) provincial commissioner in the Eastern Cape.
The announcement was made by Saps National Commissioner General Fannie Masemola in Bhisho on Tuesday.
Born and bred in Kwazakele in Gqeberha, Ncata began his career at the Kwanobuhle Police Station and later trained as a Public Order Police (POP) member, serving as a unit commander.