DA MP Mlindi Nhanha
Image: FILE
The National Prosecuting Authority says it is considering an appeal after the Makhanda High Court ordered it to pay R300,000 to a DA MP.
The order follows a ruling on Wednesday, which found that a media statement issued by the NPA linking Mlindi Nhanha to attempted murder and assault was defamatory.
In a statement released on Friday, the NPA said the ruling may need “serious consideration” because it is likely to set a precedent and could affect how it communicates in the future.
“Upon reading of the judgment, we take the firm view that there may be aspects of the findings made that may require serious consideration by the NPA because the judgment is likely to set a precedent,” spokesperson Luxolo Tyali said.
“In addition to being precedent-setting, the judgment may have a bearing on how NPA’s spokespersons approach communication in criminal matters in the future.”
The case was brought by Nhanha after he objected to a statement the NPA released about an incident in April 2021 at his home in Dyamala, near Alice. He was arrested.
According to the NPA’s version at the time, police had been called to the house after Nhanha allegedly assaulted his wife, Vatiswa.
During the incident, it said, her brother, Mxolisi Daniel, had chased Nhanha from the house.
The NPA statement said Nhanha had then gone to his vehicle, fetched a firearm and fired shots at Daniel, missing him.
He was arrested and charged with attempted murder. The charge was later withdrawn.
Nhanha argued that the NPA’s press statement went beyond simply reporting his arrest and created the impression that he was guilty of attempted murder and assault.
He said this damaged his reputation and filed a civil defamation claim for R1m.
The matter went to trial in September 2025. The court found that the wording of the statement was defamatory and ordered the NPA to pay Nhanha R300,000, which is less than the amount he had claimed.
The NPA said it will obtain legal advice before deciding whether to appeal the judgment.
"The NPA [is] seriously considering appealing the judgment after obtaining a legally sound opinion on the prospects of success on appeal," Tyali said.
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