KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, at the Durban High Court on Tuesday.
Image: Nomonde Zondi
KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, stated that businessman Calvin Mojalefa Mathibeli has failed to produce admissible evidence in the Durban High Court to support accusations that he is a corrupt police officer who misuses his authority.
The General initiated an urgent application seeking to interdict Mathibeli from making further damning allegations against him on public platforms, including in the media.
Mathibeli, in opposing Mkhwanazi's motion, argued that the allegations he made publicly, which were televised and shared on social media, were his honest opinion based on true facts.
He stated: “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.”
However, when General Mkhwanazi replied to Mathibeli’s affidavit, he stated that the businessman’s affidavit was characterised by unsubstantiated claims and evasive responses that would not assist the High Court in determining the issues in dispute.
“The respondent has not demonstrated the truth of the allegations and has not established any recognised defence in law, and has not provided any basis upon which the continued publication of the defamatory statements may be justified,” the top cop said.
Security company owner and businessman Calvin Mojalefa Mathibeli. He is accusing KZN police chief Nhlanhla Mkhwanazi of being corrupt.
Image: Facebook
The court action was prompted by wild allegations made by Mathibeli, which included claims that Mkhwanazi ordered killings, that police operations first secure space in mortuaries, and that the provincial commissioner was planning to kill him.
In his notice of motion, Mkhwanazi urges the court to grant a gag order against Mathibeli, prohibiting him from making further allegations against him on public platforms, including the media.
He said the egregious allegations impugn the reputation of police work and the confidence of the public in the police of KZN. Moreover, General Mkhwanazi disputed Mathibela’s assertion that he has suffered no harm due to his allegations. He said the allegations against him as a serving provincial commissioner cause harm to his dignity.
“They strike at the core of my integrity, professional standing, and constitutional obligations,” he said.
Regarding Mathibeli's attempt to rely on allegations made by third parties, such as Paul O'Sullivan, Mkhwanazi stated: “The existence of allegations made by third parties does not grant the respondent a licence to publish fresh defamatory statements concerning me, nor does it diminish the seriousness of the unlawful conduct complained of in this application.”
Advocate Muzi Sikhakhane SC, representing Mkhwanazi, said the persistence of Mathibeli, who calls himself a whistle-blower, to impugn the name and reputation of his client, necessitated this urgent application.
“The respondents' answer and defence is that the insults are justified even if untrue. This cannot be accepted in a constitutional order,” the senior counsel said.
Sikhakhane SC warned that the continued allegations would affect public confidence in the police in KZN and nationally.
In contrast, Advocate Nigel Riley, for Mathibeli, suggested that his client’s proposal to settle the matter through a damages claim was a more reasonable approach than a gag order, and he disputed the urgency of the matter.
Judge Sanele Hlatshwayo reserved judgment in the matter.
nomonde.zondi@inl.co.za