A BUSINESSMAN from Thekwini, Mr. Calvin Mojalefa Mathibeli, has been ordered to stop spreading on social media the allegations that the KwaZulu-Natal Police Commissioner, General Nhlanhla Mkhwanazi, is corrupt, abusing his position and taking part in illegal killings.
This came from the KwaZulu-Natal High Court based in Durban yesterday when it issued a writ prohibiting Mathibeli from saying anything more about Mkhwanazi.
This decision was issued by Judge J Hlatshwayo following statements made by Mathibeli on social media and in an interview he had on Newsroom Afrika where he accused Mkhwanazi of ordering him to be killed because he had certain goals that he wanted to achieve.
Mkhwanazi went to court himself, opposing these statements saying they are nonsense, defame him and harm his reputation in the community as the head of police in this province.
The court listened to Mkhwanazi’s lawyer, Advocate Muzi Sikhakhane SC, and heard his submissions where he said that Mathibeli’s speech portrayed Mkhwanazi as a criminal and an employee of a corrupt society that exploits power.
The court agreed that the reader or viewer of these statements could interpret them as relating to crime, dishonesty and unlawful killing.
Mathibeli admitted that he made these statements but denied that he directed them at Mkhwanazi, saying that they are true, he made them because they affect the public and stir up trouble.
He denied that this matter is urgent, and pointed out other allegations concerning Mkhwanazi that have spread to the public. The court rejected that, saying that the defendant failed to present evidence that supported his allegations.
The court said that these are serious allegations related to corruption and the killing of people that are done without foundation and that damage the dignity and confidence of the public.