The defamation case launched by ANC secretary-general Fikile Mbalula against businessman Mthunzi Mdwaba was removed from the Johannesburg high court roll on Thursday after an agreement by the parties was made an order of the court.
Last year, Mdwaba accused Mbalula and the ministers of labour, finance and higher education of sending people to him in an attempt to solicit a bribe of R500m from the proceeds of R5bn his company would have received for an Unemployment Insurance Fund jobs scheme.
This prompted Mbalula to open a case of crimen injuria against Mdwaba in November last year. Mbalula denied all allegations made against him by Mdwaba.
When the application by Mbalula was set to be heard on Wednesday, Mdwaba instructed his legal team to seek a postponement of the matter, because he had terminated his mandate with his advocate and was looking for a new one.
In an order on Thursday, the court said pending the determination of the matter, Mdwaba was interdicted and restrained from making any statements which alleged Mbalula was party to a solicitation of any bribe from Mdwaba or any of his associated entities, including the solicitation of a bribe in the amount of R500m.
The court ordered Mdwaba to pay Mbalula’s legal costs, including the costs of two counsel.
In January the Johannesburg high court in a defamation case brought by finance minister Enoch Godongwana, said the allegation made by Mdwaba was defamatory and false. The court referred the quantification of damages, where Godongwana is suing for R1m, for oral evidence.
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