Advocate Muzi Sikhakhane SC and his client General Nhlanhla Mkhwanazi, the Provincial Commissioner of KwaZulu-Natal, outside Durban High Court on Tuesday. Lawyers representing KwaZulu-Natal provincial commissioner Lieutenant-General Nhlanhla Mkhwanazihas told the Durban High Court that businessmanCalvin Mathibeliwas making absurd claims that their client was leading a corrupt police structure, targeting his business and ordering his assassination. Mkhwanazi launched the urgent High Court bid to have Mathibeli’s statements declared defamatory and false and to interdict him from repeating them.
Following the allegations, Mkhwanazi sought an urgent interdict to stop Mathibeli from proceeding with making the defamatory statements. General Mkhwanazi also wantsMathibelito publicly retract the statement on the same platforms where he spoke about him, stating that he is a criminal who abuses his position. In his replying affidavit opposing Mkhwanaziโs notice of motion,Mathibelisaid that Mkhwanazi is attempting to silence and prevent him from making any statements against him.
Advocate Nigel Riley, representing Mathibeli, said such an interdict would effectively silence his client should he be summoned to appear before the Madlanga Commission. However, during court proceedings on Tuesday, Advocate Muzi Sikhakhane SC, representing Mkhwanazi, argued that the notice of motion filed by his client does not mean that Mathibeli is permanently gagged from speaking.
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