Durban – The Durban High Court has dismissed an application for leave to appeal by businessman Calvin Mathibeli, upholding an earlier ruling that ordered him to remove defamatory content about KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi.
The court handed down its decision on Tuesday, 31 March 2026, also issuing a punitive costs order against Mathibeli.
Mathibeli had sought to challenge a 27 February 2026 judgment that gave him 24 hours to delete all defamatory posts made about Mkhwanazi across social media platforms, websites and other digital channels. The original ruling further barred him from repeating what the court found to be false allegations.
According to the South African Police Service (SAPS), the statements in question were “defamatory” and amounted to “character-assassinating allegations” that had the potential to damage not only Mkhwanazi’s reputation but also that of the police service in KwaZulu-Natal.
Mathibeli was previously ordered to pay legal costs related to the matter, a decision that remains in effect following the dismissal of his appeal bid.
Reacting to the latest ruling, Lieutenant General Mkhwanazi welcomed the outcome, describing it as a warning against reckless defamation.
“This victory is for law-abiding South Africans who denounce criminality and aspire for a crime-free South Africa,” he said.
“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,” Mkhwanazi added.
SAPS said the judgment reinforces the legal consequences of making unsubstantiated allegations and highlights the importance of responsible conduct in public discourse.
According to The Citizen, Mathibeli has had an ongoing dispute with KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi, repeatedly making public allegations linking him to corruption and criminal conduct.
In February 2026, a Facebook account bearing Mathibeli’s name shared claims that included accusations of intimidation, an alleged plot to kill him, and corruption within the KZN SAPS, the report said.
The post is no longer publicly accessible, as it appears to have been restricted or removed.
At the time, police spokesperson Colonel Robert Netshiunda dismissed the claims, describing the post as “malicious, baseless, unfounded and somewhat threatening.”
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Compiled by Betha Madhomu
