Defamation rulings highlight the risks of social media conduct

Controversial blogger Musa Khawula has been sentenced to 30 days’ imprisonment after the Gauteng High Court found him in contempt for failing to comply with an earlier order to apologise to Julius Malema and his wife, Mantoa Matlala-Malema. In April, the court found Khawula’s allegations to be false, defamatory and unlawful, ordering him to remove the posts, issue a public apology within 24 hours and pay legal costs. His failure to comply with the order triggered contempt proceedings.

The court has given Khawula a final opportunity to avoid incarceration, suspending the sentence on condition that he complies fully with the original order, including issuing a public apology and removing all defamatory content. In a separate case, the court ordered social commentator and radio personality Anele Mda to issue a full and unconditional apology to Fikile Mbalula after linking him, without evidence, to the 2015 murder of businessman Wandile Bozwana. With review of facts on the matter, I have come to learn the remarks I made were unsupported and erroneous.