Calvin Mojalefa Mathibeli, lost his court bid for leave to appeal a previously ruling that compelled him to retract statements he made against KwaZulu-Natal Police Commissioner, Lieutenant General Nhlanhla Mkhwanazi.
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Durban businessman Calvin Mojalefa Mathibeli has suffered another legal setback after the Durban High Court shut down his attempt to overturn an order forcing him to withdraw damaging claims against KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.
In a firm ruling on Tuesday, Judge Sanele Hlatshwayo found no reasonable prospect that a higher court would interfere with his earlier decision, effectively closing the door on Mathibeli’s bid to challenge the retraction directive.
The dispute centres on allegations previously made by Mathibeli, in which he accused Mkhwanazi of corruption and issuing instructions to kill—claims the commissioner argued were defamatory and harmful to both his name and that of the SAPS. The court had already intervened in February, ordering Mathibeli to cease making such statements and to retract them across all platforms where they were published.
Despite this, Mathibeli pushed to escalate the matter to the Supreme Court of Appeal. His counsel, Riley Nigel, argued that compelling a withdrawal before a full defamation trial was premature and unreasonable, equating the order to forcing an apology ahead of due process. He also highlighted the tight 24-hour compliance window.
But the court drew a clear distinction between retracting a statement and apologising for it. Judge Hlatshwayo dismissed the argument, reiterating that the order simply required Mathibeli to take back what had been said, not admit guilt.
Counsel for Mkhwanazi, Muzi Sikhakhane SC, backed the ruling, stressing that interim court orders are generally not subject to appeal and that Mathibeli faced no real prejudice by withdrawing statements he could later reintroduce if proven factual.
He criticised the continued litigation, suggesting it was unnecessary and avoidable. Co-representative Kgaogelo Maponya echoed this sentiment, telling the court the application appeared to be a delay tactic rather than a substantive legal challenge.
Following the judgment, Mkhwanazi welcomed the outcome, framing it as a stand against reckless and unverified accusations. He maintained that while public figures may be scrutinised, defamation without evidence should not be tolerated, emphasising that constitutional rights must be upheld by all.
DAILY NEWS