Durban High Court grants Mkhwanazi interdict against Mathibeli
Mathibeli has been ordered to delete and retract defamatory Mkhwanazi comments, and to pay his legal costs for the urgent application.
THE Durban High Court has ruled in favour of KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi and granted the urgent interdict he sought against Calvin and Family Group chairman Calvin Mathibeli.
In his judgement delivered electronically on Friday (February 27), Judge Sanele Hlatshwayo ordered Mathibeli to “remove, delete, and retract all defamatory publications concerning the applicant from all social media platforms, websites and digital media within 24 hours”.
Mathibeli was also ordered to retract the allegations that he made about Mkhwanazi during an interview on Newsroom Afrika where he accused him of corruption and for giving unlawful kill orders to SAPS members. “The respondent is ordered to publicly, and on the same platforms, to retract such statements,” said Hlatshwayo.
In a social media post on February 16, a Facebook account with the chairman of Calvin and Family Group’s name posted a statement with several allegations, including ones of intimidation, a murder plot against him, and corrupt dealing within the KZN SAPS.
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On Tuesday Mkhwanazi brought the urgent matter to court. Represented by Advocate Muzi Sikhakhane SC, he pleaded with the court to grant the interdict preventing Mathibeli from continuing with his onslaught.
Through his defence team led by Advocate Nigel Riley, Mathibeli had argued that the interdict was a way of silencing him should he be called before the Madlanga Commission which is looking into allegations of widespread corruption within the SAPS.
Mathibeli had also accused Mkhwanazi of trying to extort money out of him. To which Mkhwanazi responded by saying, “he can give that money to orphanages which are in need of it”.
Hlatshwayo concluded by ordering Mathibeli to pay damages incurred by Mkhwanazi within 60 days, including the cost of the application and the employment of his two counsel.
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