The KwaZulu-Natal High Court in Durban has ordered businessman Calvin Mathibeli to apologise and retract allegations he made that provincial police commissioner Nhlanhla Mkhwanazi was “a criminal or corrupt” and involved in illegal killings.
In a ruling handed down on Friday, judge Sanele David Hlatshwayo interdicted Mathibeli from publishing claims that the commissioner “abuses police authority”, “is captured by private interests”, “issues instructions to kill persons or participates in unlawful killings” or “acts unlawfully or dishonestly in the execution of his official duties”.
The order follows an urgent application brought by Mkhwanazi in his personal capacity after Mathibeli accused him of harassment, intimidation and illegal raids. Officers had searched Mathibeli’s properties. He said that in December he had been warned of a plot to kill him and that police later surrounded his home with K9 units and the Political Killings Task Team using what he described as a fraudulent warrant.
He further alleged that officers had assaulted his security staff, seized 14 licensed firearms without proper paperwork and verbally abused his wife and sister while seeking information about his children’s school.
In his court application, Mkhwanazi said Mathibeli’s allegations were false and defamatory.
Mathibeli was directed to “remove, delete and retract all defamatory publications” within 24 hours of being served the order. If the statements were broadcast on television or radio, he must issue public retractions on the same platforms.
Judge Hlatshwayo found that a reasonable person would understand the statements to mean that the provincial commissioner was “a criminal and corrupt” and unworthy of office.
He said the remarks were “defamatory and extremely damaging” and their continued circulation would cause “irreparable harm” to Mkhwanazi.
He ordered Mathibeli to pay the costs of the application, including the costs of two counsel.
Mkhwanazi was directed to “institute an action for damages, if any, against the respondent within 60 days of the date of this order, failing which this order shall lapse”.
Judge Sanele David Hlatshwayo found the statements defamatory and damaging, ordering their removal within 24 hours
