KZN High Court Grants Urgent Interdict To Mkhwanazi In Defamation Case

The KwaZulu-Natal High Court in Durban has issued an urgent interim interdict in favour of KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi, prohibiting a Durban businessman from repeating or publishing allegations that he is corrupt, abuses police authority or is involved in unlawful killings.

The ruling, handed down on Friday by Hlatshwayo J, stems from statements made by Calvin Mojalefa Mathibeli on social media and during a televised interview on Newsroom Afrika. In those remarks, Mathibeli allegedly accused the provincial police chief of giving instructions to kill and of being influenced by private interests.

Mkhwanazi approached the court in his personal capacity, arguing that the claims were false, unlawful and defamatory, and that they had caused ongoing harm to his dignity and reputation as the head of policing in the province.

Court Finds Allegations Against KZN Police Commissioner Defamatory

Advocate Muzi Sikhakhane SC, representing the commissioner, submitted that the comments portrayed his client as a criminal and corrupt public official who misuses police power. The court agreed, finding that a reasonable reader or viewer would understand the statements as alleging criminal conduct, dishonesty and involvement in unlawful killings.

Mathibeli admitted making the statements but denied that they were aimed at Mkhwanazi. He further argued that the claims were true, made in the public interest and raised in a whistleblowing context. He also challenged the urgency of the application, pointing to other allegations about the commissioner already circulating publicly.

The court dismissed these arguments. It found that Mathibeli had not provided any factual material to substantiate the truth of the allegations or to sustain a public-interest defence.

The judgment held that accusations of corruption and unlawful killings, made without evidentiary backing, are inherently defamatory and capable of causing significant damage to both personal reputation and public confidence in the police service.

Urgent Interdict Issued As Social Media Posts Deemed Ongoing Harm

On the question of urgency, the court ruled that the continued spread of the statements on social media amounted to ongoing harm to Mkhwanazi’s dignity. It held that such harm could not be sufficiently remedied by a damages claim at a later stage.

The judgment noted that while public officials are open to scrutiny and criticism, the constitutional right to dignity remains protected. It stated that they are entitled to immediate relief where unsubstantiated defamatory allegations are made.

In weighing the right to freedom of expression against the right to dignity and reputation, the court concluded that unverified allegations of criminal conduct do not enjoy constitutional protection.

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The interim order restrains Mathibeli, pending a damages action, from publishing or repeating any statements alleging or implying that Mkhwanazi is corrupt, criminal, captured by private interests, abuses police authority or issues unlawful instructions to kill.

He has also been directed to remove and retract all defamatory material from social media and digital platforms within 24 hours and to issue public retractions on the same television or radio platforms where the remarks were made.

Mkhwanazi has been instructed to institute a damages action within 60 days. Mathibeli has been ordered to pay the costs of the urgent application, including the costs of two counsel.