The Durban High Court has dismissed an application for leave to appeal brought by businessman Calvin Mathibeli, ordering that he pay punitive legal costs in the matter involving KwaZulu-Natal’s provincial police commissioner Nhlanhla Mkhwanazi
The ruling, handed down on Tuesday, March 31, 2026, follows an earlier judgment delivered on February 27, 2026, in which the court ordered Mathibeli to remove defamatory statements he had published about Mkhwanazi across social media platforms, websites and other digital media.
The February ruling granted Mathibeli 24 hours to delete all defamatory posts and prohibited him from repeating what the court found to be false accusations against the senior police official. Mathibeli was also ordered to cover all legal costs related to the case.
His subsequent bid to appeal the decision has now been rejected, with the court imposing punitive costs — a measure typically reserved for cases where the court finds conduct to be particularly unreasonable or inappropriate.
KZN police spokesperson Robert Netshiunda said the defamatory, character-assassinating allegations made by Mathibeli had the potential to tarnish the image of both Mkhwanazi and the entire police service in the province.
Meanwhile, Mkhwanazi has welcomed the judgment, saying that it is a valuable lesson to loose-tongued individuals who recklessly defame others with no proof.
“This victory is for law-abiding South Africans who denounce criminality and aspire for a crime-free South Africa. Anyone can be challenged, but defaming a person should not be part of the debate. The law is for us all, and everyone has Constitutional rights which must be respected at all times”, said Mkhwanazi.
This is not Mathibeli’s first defeat. In mid-March, the same court dismissed his urgent application to interdict the South African Police Service (SAPS) from conducting a firearms compliance inspection at his company premises, Calvin and Family Security Services, in Durban North.
The application followed SAPS notifying Mathibeli on March 11, 2026, of a scheduled compliance inspection set for March 19 under the banner of Operation Buyisa.
“The court found that Mr Mathibeli’s application lacked urgency and dismissed it with costs. He was ordered to pay legal costs to SAPS,” police spokesperson Lieutenant Colonel Vincent Mukhathi said at the time.
sinenhlanhla.masilela@iol.co.za
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