Durban High Court Rejects Businessman Calvin Mathibeli’s Defamation Appeal and Imposes Punitive Costs in Case Involving KZN Police Commissioner

Calvin Mathibeli loses defamation appeal against KZN Police Commissioner Nhlanhla Mkhwanazi, receiving a punitive cost order from the Durban High Court.

By: AXL Media

Published: Mar 31, 2026, 11:29 AM EDT

Source: The information in this article was sourced from IOL News

Final Judicial Rejection of Defamation Claims

In a significant ruling delivered on Tuesday, March 31, 2026, the Durban High Court has firmly dismissed an application for leave to appeal brought by businessman Calvin Mathibeli. The case centers on a protracted defamation dispute with KwaZulu-Natal’s provincial police commissioner, Nhlanhla Mkhwanazi. The court not only upheld its previous decision but also took the rare step of imposing punitive legal costs on Mathibeli. Punitive costs are typically reserved for litigants whose conduct is deemed by the court to be exceptionally unreasonable or an abuse of the judicial process, signaling the court's disapproval of the merits of the appeal.

The Origin of the Defamatory Content

The legal battle stems from a February 27, 2026, judgment which found that Mathibeli had published false and damaging allegations against Commissioner Mkhwanazi across various digital media platforms. In that initial ruling, Mathibeli was given 24 hours to scrub all defamatory posts from social media and websites and was strictly prohibited from repeating the unfounded accusations. The court determined that the statements were not merely critical but constituted a targeted campaign of character assassination designed to undermine the professional integrity of the province's highest-ranking police official.

Commissioner Mkhwanazi and SAPS Respond

Commissioner Mkhwanazi has welcomed the dismissal, characterizing the verdict as a victory for the rule of law and constitutional rights. He emphasized that while public figures can be challenged, reckless defamation without proof should not be confused with legitimate debate. KZN police spokesperson Robert Netshiunda echoed these sentiments, noting that the false allegations had the potential to tarnish the reputation of the entire South African Police Service (SAPS) in the province. The police leadership views the ruling as a deterrent against individuals using social media to conduct personal vendettas against law enforcement officials.