MultiChoice has, in court papers, hit back at former home affairs minister Malusi Gigaba’s attempt to block the broadcast of a new reality show, arguing that his ex-wife Nomachule Mngoma will not be sharing fresh issues as the allegations were already in the public domain.
MultiChoice executive head of legal for general entertainment Brandon Vermeulen said Mngoma had a right to speak about her marriage with Gigaba.
He said her comments on Showmax's Untied were her personal experiences. “It is not unlawful, unfair, or unreasonable for MultiChoice to stream the show on which Ms Mngoma speaks about her marriage,” he said.
Gigaba applied to interdict Mngoma'sTV interview about their failed marriage and allegations of infidelity and pornography. In court papers, Gigaba said his ex-wife's interview on the show will “taint my good name and dignity that I have been rebuilding from the past years after [divorce]”.
The eight-part show was supposed to premiere on Tuesday. The urgent application and the episode have been postponed until July 7.
The includes Mngoma, Nonku Williams, Palesa Madisakwane, Sonia Booth, Dawn Thandeka King, Zandi Nhlapo, Mona Monyane and Beverley Steyn.
These statements have therefore been known to the public or have been in the public domain and would not be streamed on the show for the first time.
— Brandon Vermeulen
Vermeulen denied that the publication of promotional excerpts of the show has caused harm to Gigaba's reputation, name and dignity. “The fact that Ms Mngoma has chosen to disclose information that Mr Gigaba considers private between them does not justify this court granting a declarator that Mr Gigaba’s right to dignity has been violated.”
Vermeulen said the show will not be the first time Mngoma has conducted an in-depth television interview about her marriage to Gigaba. He shared articles dating back years on Gigaba's marital problems and a sex tape which he said were circulated online.
Vermeulen said Gigaba also took to X to discuss the sex tape and had even apologised to his family.
He said Mngoma also submitted an affidavit and testified about Gigaba, her lifestyle and how they spent money, including the cost of their wedding, and her arrest by the Hawks in 2021 and the confiscation of her gadgets.
“Mngoma does no more than repeat these statements during her interview on the show. These statements have therefore been known to the public or have been in the public domain and would not be streamed on the show for the first time,” said Vermeulen.
“The fact that the allegations that are the subject matter of this application have already been widely disseminated on various platforms, by various media houses and for a number of years, and will remain publicly available on all of the above platforms and publications via the internet regardless of any order this court might grant, has two consequences.”
He argued that the interdict that Gigaba was seeking would be futile because it cannot undo the fact that the allegations and information contained in the show have already been widely published for years.
“Stopping the streaming of the show violates the constitutional right to freedom of expression. Mr Gigaba must plead that the interdict's limitation of freedom of expression is reasonable or justifiable. He has not done so,” Vermeulen said.
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