‘No Entitlement to Insult’: Durban Court Upholds Victory for KZN Police Commissioner

The Durban High Court has once again dismissed an application by Durban businessman Calvin Mojalefa Mathibeli , who was seeking leave to appeal a ruling that compelled him to retract statements he made against KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi.

Judge Sanele Hlatshwayo rejected the appeal on Tuesday afternoon, stating he was unconvinced that a different court would overturn his original decision.

The Original Order

In February, Judge Hlatshwayo interdicted Mathibeli from making further allegations against Mkhwanazi and ordered him to retract his statements, which were published across social media, radio, and television.

The interdict followed an urgent application by Mkhwanazi, who argued that Mathibeli’s claimsthat the commissioner was corrupt and had issued instructions to kill peoplewere damaging his reputation and that of the SAPS.

The Appeal Argument

Mathibeli’s lawyer, Advocate Riley Nigel , argued for leave to appeal to the Supreme Court of Appeal, calling the February retraction order “nonsensical” pending the full defamation and damages trial.

“It makes no sense for my client to go on radio and television to apologise,” he said.

Judge Hlatshwayo pushed back, clarifying that he never said Mathibeli must apologiseonly that he must withdraw the statements.

“It just means that you take back what you said.”

The Response

Advocate Muzi Sikhakhane SC , representing Mkhwanazi, urged the court to dismiss the appeal, arguing that interim orders are typically not appealable.

“Mathibeli published false defamatory statements against Mkhwanazi; it’s not right to insult someone… Mathibeli will suffer no harm withdrawing the insults and putting his statements back if they are facts.”

Sikhakhane pointedly added that Mathibeli has “no entitlement to insult somebody, it’s not even in the Constitution.”

“We are forced to come back to Durban to argue a point that does not exist because someone does not want to be stopped from insulting.”

Co-representative Advocate Kgaogelo Maponya criticised Mathibeli for abusing the court process.

“The only inference that the court can draw from Mathibeli’s affidavit is that he is a wealthy man and he wants to kick this can down the road.”

Mkhwanazi’s Response

Mkhwanazi welcomed the judgment, calling it a valuable lesson for “loose-tongued individuals who recklessly defame others with no proof.”

“This victory is for law-abiding South Africans who denounce criminality… Anyone can be challenged, but defaming a person should not be part of the debate. The law is for us all, and everyone has constitutional rights, which must be respected at all times.”

The Bottom Line

Mathibeli wanted to appeal. The court said no.

His lawyer called the retraction order “nonsensical.” The judge said it’s just taking back what you said.

Mkhwanazi’s legal team said it plainly: there is no constitutional right to insult someone. And the court agreed.

{Source: IOL}

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