Calvin Mathibeli, who was interdicted from making further defamatory statements against KZN Police Commissioner Nhlanhla Mkhwanazi, says he is currently consulting with his lawyers.
Image: Supplied
Calvin Mojalefa Mathibeli, the security chief of KwaZulu-Natal is appealing a Durban High Court interdict that prohibits him from making further defamatory statements regarding KZN Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.
Mathibeli submitted his notice of appeal on Saturday afternoon.
Mathibeli confirmed that after consulting his lawyers, he has filed papers appealing Judge Sanele Hlatshwayo’s ruling which was made on Friday.
The court's ruling comes in response to accusations made by Mathibeli against Mkhwanazi, which he shared on social media and during an interview with Newzroom Afrika.
Advocate Muzi Sikhakhane SC and his client, General Nhlanhla Mkhwanazi.
Image: Nomonde Zondi
Mathibeli alleged that Mkhwanazi was plotting to kill him, referred to him as an “ice boy” for taxi operators and private security owners targeting him, and claimed that police operations were primarily focused on securing space in mortuaries.
In light of these allegations, Mkhwanazi filed an urgent High Court application seeking a gag order. He argued that Mathibeli's egregious statements not only harmed his reputation as a provincial police commissioner but also tarnished the image of the police force and eroded public confidence in the KZN police.
Mkhwanazi requested the court to mandate Mathibeli to retract, delete, and remove all alleged defamatory statements.
“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," said Mathibeli.
Despite admitting to making the statements, Mathibeli contended that they were not directed at Mkhwanazi, particularly in posts where the General's name was not explicitly mentioned. Judge Hlatshwayo found that Mkhwanazi had acted promptly to protect his rights, noting that Section 10 of the Constitution guarantees everyone inherent dignity and the right to have it respected and protected.
The judge ruled that the matter was urgent, stating, “From the evidence presented, these statements continue to be shared on various social media platforms, causing harm to the applicant’s reputation. I am satisfied that the matter is urgent.”
Instructing attorney Sane Mbatha and her client, KZN Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi, at the Durban High Court during court proceedings.
Image: Nomonde Zondi
Hlatshwayo concurred with Mkhwanazi’s lawyer, Advocate Muzi Sikhakhane SC, that Mathibeli had portrayed the police commissioner as a corrupt criminal official who issues unlawful instructions to kill.
“This is obvious from the statements posted on social media and the undisputed television interview,” Hlatshwayo said.
Ultimately, the court determined that Mathibeli’s statements were defamatory and severely damaging to Mkhwanazi and his position.
Judge Hlatshwayo stated that Mathibeli failed to provide evidence or reliable information to substantiate his claims that Mkhwanazi is a corrupt criminal cop.
“I find that the respondent’s defences that the statements are true and published in the public interest or that somehow he acted as a whistle-blower are unsustainable,” he said.
The judge ordered Mathibeli to retract, delete, and remove all defamatory publications concerning Mkhwanazi from social media, websites, and digital media within 24 hours. Furthermore, Mathibeli must publicly retract such statements on the same platforms where he made them, including in TV or radio interviews.
Additionally, Judge Hlatshwayo stipulated that an action for damages allegedly suffered by Lieutenant-General Mkhwanazi must be instituted within 60 days of the order’s date. Mathibeli is also required to cover the costs of the application, which includes the fees for employing two counsel on scale B.
As of the time of publication, questions sent to police spokesperson Colonel Robert Netshiunda had not been answered.