KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, faces serious allegations from businessman Calvin Mojalefa Mathibeli in a contentious court battle over claims of corruption and defamation
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KwaZulu-Natal Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, has stated that businessman Calvin Mojalefa Mathibeli has failed to provide admissible evidence in the Durban High Court to support his accusations of corruption against him.
In response to these allegations, General Mkhwanazi initiated an urgent application seeking to interdict Mathibeli from making further damaging claims against him on public platforms, including in the media.
Mathibeli, opposing Mkhwanazi's motion, argued that the allegations he made publicly broadcast on television and shared widely on social media were his honest opinion based on facts.
“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,” he said
However, Mkhwanazi countered Mathibeli’s affidavit, stating that it was characterised by unsubstantiated claims and evasive responses that would not aid the High Court in resolving the issues at hand.
“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,” he added
The court action arose from allegations made by Mathibeli, including claims that Mkhwanazi ordered killings, that police operations first secure space in mortuaries, and that the provincial commissioner was planning to kill him.
In his notice of motion, Mkhwanazi urged the court to grant a gag order against Mathibeli, prohibiting him from making further allegations on public platforms, including the media. He argued that the egregious allegations undermine the reputation of police work and erode public confidence in the KZN police.
Furthermore, Mkhwanazi disputed Mathibeli’s claim that he has suffered no harm from these allegations, asserting that they damage his dignity.
“They strike at the core of my integrity, professional standing, and constitutional obligations,” he stated.
Regarding Mathibeli's reliance on allegations made by third parties, such as Paul O'Sullivan, Mkhwanazi responded: “The existence of allegations made by third parties does not grant the respondent a licence to publish fresh defamatory statements concerning me, nor does it diminish the seriousness of the unlawful conduct complained of in this application.”
Advocate Muzi Sikhakhane SC, representing Mkhwanazi, emphasised that Mathibeli's persistence in impugning the name and reputation of his client necessitated this urgent application.
“The respondents' answer and defence is that the insults are justified even if untrue. This cannot be accepted in a constitutional order,” he said
Sikhakhane SC also warned that the continued allegations would adversely affect public confidence in the police, both in KZN and nationally.
In contrast, Advocate Nigel Riley, representing Mathibeli, suggested that his client's proposal to settle the matter through a damages claim was a more reasonable approach than seeking a gag order, disputing the urgency of the case.
Judge Sanele Hlatshwayo has reserved judgment on the matter.