KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, has secured an interdict to prevent businessman Calvin Mojalefa Mathibeli from defaming him.
Image: Facebook/SAPS
KwaZulu-Natal police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, has obtained an interdict in the Durban High Court to prevent businessman Calvin Mojalefa Mathibeli from publishing, repeating or disseminating defamatory statements about him.
This week, Mkhwanazi had brought an urgent application in the Durban High Court seeking to interdict Mathibeli from making further damning allegations against him on public platforms, including in the media.
The court heard that Mathibeli was making absurd claims that Mkhwanazi was leading a corrupt police structure that was targeting his business and that his assassination had been ordered.
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, Mkhwanazi said that the businessman’s affidavit was characterised by unsubstantiated claims and evasive responses that would not assist the 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,” Mkhwanazi said.
In an order granted on Friday, Mathibeli has been interdicted from making five specific comments about Mkhwanazi including alleging that he is a criminal or corrupt.
The businessman also was ordered to retract and remove offending statements about Mkhwanazi that have already appeared on social media platforms, websites and other digital media platforms.
He has also been ordered to publicly retract statements that were made in interviews on radio or on television.
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