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Court allows defamation case to proceed following Isipingo crash

Before launching the court bid, ALS Paramedics gave Siboniso Duma until February 2 to retract the allegations he had made and apologise.

BOTH parties in the legal dispute between KZN Transport and Human Settlements MEC Siboniso Duma and ALS Paramedics are claiming a measure of success after appearing in the Pietermaritzburg High Court on February 20.

Also read: Paramedics head to court over MEC’s accusations in Isipingo

ALS Paramedics approached the court seeking an interdict to prevent the MEC from making further public statements about its operations, which it described as unlawful and defamatory. The matter was heard before Judge Pieter Bezhuidenhout.

The application follows remarks made by Duma at the scene of a crash involving a minibus taxi and a truck in Isipingo on January 29. At the time, Duma told the media that ALS Paramedics bullied other first responders at accident scenes and accused the company’s spokesperson, Garrith Jamieson, of habitually inflating casualty numbers. The comments were widely broadcast and shared on social media.

Before launching the court bid, ALS gave Duma until February 2 to retract the allegations and apologise. He did not do so.

Representing the department, Advocate Kwazi Mshengu opposed the application and asked that it be dismissed. Judge Bezhuidenhout declined to throw out the matter, finding that the statements were defamatory on the face of it. However, he did not grant an urgent interdict and instead allowed both parties to supplement their papers ahead of the next hearing on May 4.

ALS attorney Wesley J Rogers criticised the use of public funds for the MEC’s defence, saying Duma should show accountability and focus on road safety.

Department spokesperson Ndabezinhle Sibiya said they felt vindicated by the court’s refusal to grant urgent relief and welcomed the opportunity to file additional papers before the case returns to court.

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Vusi Mthalane

Vusi Mthalane is a senior journalist with the South Coast Sun newspaper. With more than 13 years of newsroom experience, he covers stories that matter to communities along the South Coast, from Isipingo to Umgababa. His work has also appeared in The Witness, Zululand Fever, and the South Coast Fever.

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