The National Prosecuting Authority has been ordered to pay R300,000 in damages to DA MP Mlindi Nhanha after a court found that a press statement from the authority linking him to attempted murder and assault was defamatory.
The Eastern Cape High Court in Makhanda ruled that the NPA’s press release went beyond a suggestion of mere suspicion.
“The press statement imputed the criminal offences of attempted murder and an assault to the plaintiff (Nhanha). That was per se defamatory,” read the judgment.
Nhanha was arrested in April 2021 after a domestic altercation in Dyamala location, Alice, involving his wife.
At the centre of the civil suit is a press release by the NPA which stated that Nhanha had an altercation with his wife, assaulted her, then chased his brother-in-law, Mxolisi Daniel, from the homestead.
The statement added that Nhanha then became violent towards his brother-in-law, went to his car, took his firearm and shot at Daniel, missing him.
The attempted murder charge was later dropped after several court appearances.
In court papers, Nhanha said the press statement was untrue, wrongful and defamatory “... in that it was intended and was understood by readers of the press statement to mean that (he) was guilty of attempted murder, that he was assaulting his wife and that he had shot at his brother in law”.
Nhanha said the statement was written with the intention to defame him and to cause irreparable harm to his name and reputation.
Nhanha argued that it went beyond merely reporting his arrest and instead portrayed him as guilty of serious crimes, including gender-based violence (GBV).
Acting-judge of the high court Nicola Molony agreed, rejecting the NPA’s defence that the contents were substantially true.
“It thus cannot be said that the contents of the press statement were substantially true, and the defendant’s defence in this regard must fail. The defendant (NPA) accordingly did not successfully rebut the presumption of wrongfulness and unlawfulness and is liable to pay the damages suffered by the plaintiff.
“The ultimate effect of the release of the press statement was to cause reasonable readers of ordinary intelligence to vilify the plaintiff who therefore suffered various negative consequences as explained when he testified,” said Malony.
The judge found that it was irrelevant whether or not the press statement broke the news, or if Nhanha’s arrest and court appearance had already been known to some extent to members of the media.
“Having considered the submissions made, my view was that the plaintiff had presented evidence which established a prima facie in regard to the issues in dispute, and the application for absolution from the instance was accordingly dismissed with costs.
“He [Nhanha] was demonstrably lowered in the estimation of right-thinking members of society, particularly due to the implication of him having committed an act of GBV and having faced investigation by the DA.”
Malony ordered the NPA to pay R300,000 in damages and also pay the cost of the lawsuit.
Nhanha welcomed the judgment.
“I have no doubt in my mind actions by the NPA were politically motivated, with an express intention to injure my name and that of my party, the Democratic Alliance,” he said.
“[The] ruling should serve as a firm reminder to all organs of state that their considerable powers must be exercised lawfully, responsibly, and with due regard for the rights and dignity of citizens. No individual should be defamed under the false pretence of responsiveness or expediency.
“I remain committed to upholding the rule of law and to ensuring that public institutions are held accountable when they overreach their mandate.”
Eastern Cape NPA spokesperson Luxolo Tyali said: “We note the judgment delivered [on Tuesday] by Molony J. We will reflect on it to determine if there are prospects of an appeal.”
Sowetan
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.