BREAKING NEWS: Mkhwanazi Seeks Court Order to Halt Defamatory Claims by Businessman Calvin Mathibeli

 



KwaZulu‑Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi has filed an urgent application in the Durban High Court against businessman Calvin Mojalefa Mathibeli, asking the court to declare a series of social‑media and media statements false and defamatory. Filed on 19 February 2026, the papers request an interdict preventing Mathibeli from repeating allegations that Mkhwanazi is corrupt, a criminal, “captured by private interests,” or involved in unlawful killings.

The dispute follows a police raid on Mathibeli’s offices last Friday, during which it was claimed that personnel from Calvin Security were held hostage by SAPS officers. In response, Mathibeli posted a lengthy letter outlining a seven‑year “battle” with KZN SAPS and accusing Mkhwanazi of wanting him dead. He further alleged that the commissioner is a “rogue police officer” who accepts protection fees from taxi owners in the province.

Mkhwanazi’s application demands that all such posts be removed and retracted within 24 hours, and that public retractions be broadcast on the same television and radio platforms that aired the statements. He also indicated that he will pursue damages in separate proceedings. The matter, marked as urgent, is scheduled for hearing on 24 February 2026. Mathibeli has already filed an opposition to the application in Sandton.



Legal experts note that for a court to grant an interdict, Mkhwanazi must show that the statements are false, that they have caused or are likely to cause harm to his reputation, and that no other remedy would be adequate. Given the public nature of the allegations and the seniority of the applicant, the court will weigh freedom of expression against the right to dignity and reputation, a balance often tested in South African defamation cases.

The case has already sparked debate among civil‑society groups and media watchdogs, who warn that an overly broad interdict could chill legitimate public discourse about police conduct. Conversely, supporters of the commissioner argue that unchecked accusations can undermine confidence in law‑enforcement leadership and jeopardize ongoing investigations.

If the court grants the interdict, Mathibeli could face contempt of court charges for any future statements that breach the order, and he may be required to publish corrective statements at his own expense. The outcome of this hearing could set a precedent for how senior officials address online defamation and could influence future interactions between police leadership and private business interests in KwaZulu‑Natal.

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