Calvin Mathibeli Appeals Durban High Court Ruling Over Defamatory Claims Against Mkhwanazi
A KwaZulu-Natal security company owner is challenging a court order that bars him from publishing further defamatory statements about the province’s top police official
Calvin Mojalefa Mathibeli has filed a notice of appeal against a recent Durban High Court ruling that granted an urgent interdict in favor of KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi.
Mathibeli filed the appeal on Saturday, indicating his intention to contest Judge Sanele Hlatshwayo’s judgment. The order prohibits Mathibeli from repeating or publishing allegations that the police commissioner is corrupt, abuses his authority, or is involved in unlawful killings, claims the court found to be defamatory.
The legal battle stems from statements Mathibeli made on social media and in a televised interview. He accused Mkhwanazi of plotting to have him killed and of being “captured by private interests,” among other serious allegations.
The judge rejected Mathibeli’s defense that his statements were truthful and made in the public interest, concluding that he had not produced evidence to substantiate the claims.
Under the order, Mathibeli was directed to retract, delete, and remove all defamatory publications within 24 hours and to issue retractions on the same platforms where the statements first appeared.
He was further ordered to pay the costs of the urgent application, including those of two counsel. The judgment also allows for a damages claim to be instituted against him within 60 days.
Mathibeli stated that he is consulting with his legal team ahead of the appeal but did not elaborate on the grounds for contesting the judgment.