By Lehlohonolo Lehana.
The Kwazulu-Natal (KZN) High Court in Durban has ruled in favour of Lt-Gen Nhlanhla Mkhwanazi in his defamation case against businessman Calvin Mathibeli.
Mathibeli is ordered to retract all statements implying Mkhwanazi is corrupt or a criminal, or that he abuses police authority and orchestrates unlawful killings.
Mkhwanazi launched an urgent High Court bid to have Mathibeli’s statements declared defamatory and false.
These allegations against the KwaZulu-Natal police commissioner were made on social media and during a TV interview.
Mathibeli was a no-show when the matter was heard in the high court on Tuesday.
His lawyers argued Mkhwanazi wasn’t named specifically in the post and that he was a whistleblower about the dangerous operations of police in KZN.
Mkhwanazi’s lawyer Muzi Sikhkhane dismissed arguments by Mathibeli’s legal team.
“My client knows his position comes with criticism. Once a particular person constantly states as facts, things that are false, no one can be barred from approaching the court to be granted an interdict simply because the false statements are out there. This defence has serious implications, especially when it comes to rights,”Sikhakhane said.
Judge Sanele Hlatshwayo rejected Mathibela’s arguments, finding that he had failed to provide any factual basis to substantiate the truth of the allegations or to support a public-interest defence.
Hlatshwayo held a view that serious accusations of corruption and unlawful killings, made without an evidentiary foundation, were inherently defamatory and extremely damaging to both the applicant’s personal reputation and the public’s confidence in the police service.
The interim order restrains Mathibeli, pending a damages action, from publishing or repeating any statements alleging or implying that Mkhwanazi is corrupt, criminal, captured by private interests, abuses police authority, or issues unlawful instructions to kill.
He has also been directed to remove and retract all defamatory publications from social media and digital platforms within 24 hours, and to issue public retractions on the same television or radio platforms where the statements were made.
Mkhwanazi was directed to “institute an action for damages, if any, against the respondent within 60 days of the date of this order, failing which this order shall lapse”.
In December 2018 the Durban high court interdicted Mathibeli from making defamatory statements against former eThekwini mayor Zandile Gumede.
This came after Mathibeli told a newspaper and radio station Gumede was the main wheeler-dealer in a R650m construction project awarded to eight companies in 2015.
Mathibeli‚ one of the contractors awarded work on the project‚ claimed that he paid a large sum of money to Gumede to benefit the African National Congress (ANC) and her own foundation to remain contracted.