Former Mpumalanga police chief Lieutenant General Semakaleng Manamela’s allegations of political killings against businessman Vusi Mduduzi “Sgemegeme” Motha have been declared defamatory by the High Court.

The matter arose following a media briefing held by Manamela at Southern Sun Mbombela on April 19, where she discussed investigations into alleged political killings in the province.

Manamela, the first respondent in the matter before the court that sat in Mbombela on Monday, July 13, was on suspension when she called a media briefing that was broadcast live by several media houses. The SABC was the fourth respondent in the matter.

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During the April briefing, Manamela claimed that Motha, a former mayor of Mkhondo Local Municipality, was implicated in the murders of ANC deputy chairperson Muzi Manyathi and a local councillor.

She further alleged that Motha was being protected by high-ranking police officers, naming retired Major General Botsotso Moukangwe and Colonel DJ Malope.

Manamela claimed that Motha had been exonerated under suspicious circumstances involving the former minister of police, Bheki Cele, who, according to her, sought to control operations in the province.

Acting judge finds statements defamatory

Acting judge Malose S Monene found that Manamela’s statements were defamatory.

The court determined that an average reasonable viewer would conclude that Motha was ‘implicated in political killings’, but was avoiding charges due to ‘nefarious underground reasons’.

It declared that the statements infringed upon Motha’s constitutional right to dignity.

The SABC argued that an interdict against it would amount to censorship, citing freedom of expression.

However, the court ruled: “Freedom of expression is not absolute and does not enjoy a superior status over the right to human dignity.”

Monene noted that the media cannot advocate for an ‘unabridged right to publish an untruth’.

The court further rejected the SABC’s argument that the ‘horse had bolted’ because the briefing was already public. Instead, the judge ruled that defamatory posts on social media and digital platforms cause continuous injury as long as they remain accessible to the public.

Court orders public retraction within 48 hours

The court ordered Manamela to issue a public retraction and correction of the statements on the same platforms where they were originally published within 48 hours.

The SABC was directed to remove or disable access to the impugned publication and any derivatives under its control, while all respondents were interdicted from further publishing or repeating these allegations.

The court further ordered Manamela and the SABC to jointly and severally pay the legal costs of the application, including the costs of two counsel.

Judgment clarifies live broadcast liability

This judgment clarifies that carrying a briefing live does not provide a permanent excuse for keeping defamatory content available online, especially when the subject of the allegations has not been given an opportunity to provide a response.

The court emphasised that substantial redress in defamation cases is not always found in monetary damages, but in the immediate cessation of reputational harm.

The orders stand as interim interdicts pending the final determination of a separate action for damages to be instituted by Motha.

“The SABC can confirm it is appealing the judgment, and its position will be fully addressed in the court papers. In terms of the law, the appeal stays an order until the matter is finalised. All legal costs will be determined during the appeal process,” said SABC head of communications Mmoni Ngubane.

Manamela and Malope could not be reached for comment, while Motha declined to comment.

Moukangwe said he had nothing to do with the allegations levelled against him by Manamela.

“Whatever she is alleging against me is just an act of a last kick of a dying horse. I have nothing to do with it and I am also taking her to court for defaming my good name,” said Moukangwe.

Other respondents in the matter were the minister of police and the national police commissioner, but the latter two were saved from costs.