KZN Police Commissioner Mkhwanazi Takes Businessman Mathibeli to Court Over Defamatory Allegations

The legal team representing KwaZulu-Natal provincial commissioner Lieutenant-General Nhlanhla Mkhwanazi has told the Durban High Court that businessman Calvin Mathibeli was making absurd claims that their client was leading a corrupt police structure, targeting his business and ordering his assassination.

Mkhwanazi launched the urgent High Court bid to have Mathibeli’s statements declared defamatory and false and to interdict him from repeating them.

The allegations against the KwaZulu-Natal police commissioner were made on social media and during an interview with TV channel Newzroom Afrika. 

Following the allegations, Mkhwanazi sought an urgent interdict to stop Mathibeli from proceeding with making the defamatory statements. 

Mkhwanazi also wants Mathibeli to publicly retract the statement on the same platforms where he spoke about the General, stating that he was a criminal who abuses his position. 

In his replying affidavit, opposing Mkhwanazi’s notice of motion, Mathibeli said that Mkhwanazi was attempting to silence and prevent him from making any statements against the policeman. Advocate Nigel Riley, representing Mathibeli, said such an interdict would effectively silence his client, should he be summoned to appear before the Madlanga Commission. 

However, during court proceedings on Tuesday, Advocate Muzi Sikhakhane SC, representing Mkhwanazi, argued that the notice of motion filed by his client does not mean that Mathibeli was permanently gagged from speaking. 

“There is no suggestion that if Mathibeli is called before any other legal process, he is gagged from speaking,” Sikhakhane said and emphasised that Mkhwanazi did not want Mathibeli to continue making defamatory statements against him.

Sikhakhane said although Mathibeli was not gagged from speaking on any other legal process, he can be sued. Sikhakhane said Mathibeli was repeating allegations he had made previously. 

“That defence is absurd,” he said. 

“My client knows his position comes with criticism. Once a particular person constantly states as facts, things that are false, no one can be barred from approaching the court to be granted an interdict simply because the false statements are out there. This defence has serious implications, especially when it comes to rights,” Sikhakhane said.

Judge Sanele Hlathswayo reserved the judgment. 

Outside court, Mkhwanazi said he had no choice but to take up the matter to prevent Mathibeli from continuing with his comments. 

“This is mainly about me and not about the SAPS, although he (Mathibeli) mentions the SAPS and damages its image, but everything is directed at a person that he called Nhlanhla Mkhwanazi; he mentioned me by name,” Mkhwanazi said.

nomonde.zondi@inl.co.za