Calvin Mathibeli's defamation battle: Will he silence Nhlanhla Mkhwanazi?

KwaZulu-Natal security boss Calvin Mojalefa Mathibeli is appealing a Durban High Court interdict order that prevents him from making further defamatory statements against KZN Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.

Mathibeli filed a notice to appeal the ruling on Saturday afternoon. When initially contacted for comment on Judge Sanele Hlatshwayo’s ruling, Mathibeli said he was still consulting his legal team. 

“Can I not comment for now. I am currently consulting with my lawyers as we speak,” he said during a phone call, before shortly reverting to confirm his intention to appeal the ruling made by the court on Friday.

The court ruling follows wild accusations Mathibeli recently made against General Mkhwanazi on social media and in an exclusive interview with Newzroom Afrika.

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 alleged defamatory statements.

In his affidavit to the High Court, Mathibeli maintained: “I respectfully submit that all the statements made by me are substantially true and that the publications are within the public interest, especially because Mkhwanazi is a public official. The statements are my honest opinion, based on facts.”

He also admitted to making the statements but disputed that they were directed at Mkhwanazi in posts where the General's name was not explicitly mentioned.

Judge Hlatshwayo found that Mkhwanazi had acted promptly to protect his rights, noting that Section 10 of the Constitution provides everyone with inherent dignity and the right to have it respected and protected.

The judge ruled that the matter was urgent, stating: “From the evidence presented, these statements continue to be shared on various social media platforms, causing harm to the applicant’s reputation. I am satisfied that the matter is urgent.”

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.

“This is obvious from the statements posted on social media and the undisputed television interview,” Hlatshwayo said.

The court ultimately found Mathibeli’s statements to be defamatory and extremely damaging to Mkhwanazi and his position.

Judge Hlatshwayo said Mathibeli failed to show possession of evidence or reliable information that Mkhwanazi is a corrupt criminal cop. 

“I find that the respondent’s defences that the statements are true and published in the public interest or that somehow he acted as a whistle-blower are unsustainable,” he concluded.

The judge’s order directs Mathibeli to retract, delete, and remove all defamatory publications concerning Mkhwanazi on social media, websites, and digital media within 24 hours.

Furthermore, Mathibeli is ordered to publicly retract such statements on the same platforms where he repeated them, in TV or radio interviews.

Judge Hlatshwayo also stipulated that an action for damages allegedly suffered by Lt-General Mkhwanazi must be instituted within 60 days of the order’s date.

Mathibeli was further directed to pay the costs of the application, including those consequent upon the employment of two counsel on scale B.

Questions sent to police spokesperson Colonel Robert Netshiunda had not been responded to by the time of publication.

nomonde.zondi@inl.co.za