The Eastern Cape High Court has ordered the National Prosecuting Authority (NPA) to pay R300,000 in damages to Democratic Alliance (DA) Member of Parliament, Mlindi Nhanha.
This comes after the NPA in April 2021 issued a media statement alleging that Nhanha allegedly fought and assaulted his wife, Vatiswa.
It was further alleged that during the scuffle, Vatiswa’s brother, Mxolisi Daniel, attempted to chase Nhanha out of the house. In a fit of rage, the NPA said Nhanha went to his car and returned with a firearm, firing shots at Daniel.
He missed.
The attempted murder charge was later withdrawn following several court appearances.
In the recent ruling, Acting Judge Nocola Molony held that the NPA’s statement did more than merely indicate suspicion. It was found that the statement directly attributed the crimes of attempted murder and assault to Nhanha, which it said was defamatory in itself.
In response to the judgment, Nhanha welcomed the court’s decision, confirming that he had instituted a defamation claim against the NPA and that the court had ruled in his favour, ordering the authority to pay damages and legal costs.
“The actions of the NPA have come at a significant personal and financial cost to me and my family,” Nhanha said in a statement.
“The burden of escalating legal fees has been so immense that I have struggled to meet key obligations, including the payment of my children’s university fees.”
Nhanha further alleged that the conduct of the NPA was politically motivated and intended to damage both his reputation and that of his party.
He said the judgment should serve as a warning to state institutions to exercise their authority responsibly and within the bounds of the law.
“Today’s (Thursday) ruling should serve as a firm reminder to all organs of state that their considerable powers must be exercised lawfully, responsibly, and with due regard for the rights and dignity of citizens. No individual should be defamed under the false pretence of responsiveness or expediency,” he said.
Nhanha added that he remains committed to upholding the rule of law and ensuring accountability when public bodies exceed their mandate.
sinenhlanhla.masilela@iol.co.za
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