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The High Court of SA, Gauteng Division in Johannesburg, on Friday, ruled in favour of Finance Minister Enoch Godongwana in a defamation case against businessman and Thuja Capital CEO Mthunzi Perry-Mason Mdwaba.
The case stemmed from Mdwaba's public statements, accusing the finance minister of involvement in soliciting a R500 million bribe in connection with a contract between Mdwaba's company and the Unemployment Insurance Fund (UIF).
Godongwana sought a declaratory order and interdict against Mdwaba, alleging false and malicious statements in the media.
Mdwaba, in response, denied defamation, raising concerns about the matter's urgency and asserting that Godongwana lacked the requirements for a final interdict.
The court dismissed these preliminary objections, deeming Mdwaba's statements defamatory and unlawful.
READ: Nxesi case to set aside R5 billion Thuja Capital contract off to a rocky start
It found no valid defence of truth, public benefit, fair comment or absence of animus iniuriandi.
Recognising the minister's right to protect his dignity and reputation, the court granted the declaratory order and interdict.
The court also referred matters of damages, retraction and apology to oral evidence and ordered Mdwaba to pay the minister's costs on an attorney and client scale.
As part of the court's decision, Mdwaba is mandated to release a statement, publicly acknowledging his false and defamatory allegations, within 24 hours.
The statement must explicitly retract the accusations made against Godongwana, issued in various media interviews, and issue an unconditional apology.
The court emphasised that Mdwaba had no valid basis for asserting the bribery claims and that the apology was a crucial step towards rectifying the damage caused by the false statements.
On Thursday, Mdwaba was entangled in the Pretoria High Court with Labour Minister Thulas Nxesi.
READ: Andy Mothibi | It takes a whole nation to fight corruption
The application to set aside the R5 billion UIF Thuja Capital contract couldn’t proceed as it was not on the court’s roll.
Subsequently, the involved parties convened with Deputy Judge President Aubrey Ledwaba, who scheduled a special hearing for 2 February.
Ledwaba directed Mdwaba to file his response, along with a condonation for the late filing, by 29 January.
Nxesi has until 31 January to submit a replying affidavit and any supplementary arguments, after which Ledwaba will assign the case to a judge.
