Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

UP graduate links obstetric violence against black women to failures in maternal healthcare

June 14, 2026

From newsroom deadlines to the Bar, Rorisang Kgosana pursues a higher calling

June 13, 2026

Sexual harassment at work: Employer duties, liability and the rights of employees

June 12, 2026
Facebook X (Twitter) Instagram
Trending
  • UP graduate links obstetric violence against black women to failures in maternal healthcare
  • From newsroom deadlines to the Bar, Rorisang Kgosana pursues a higher calling
  • Sexual harassment at work: Employer duties, liability and the rights of employees
  • Phumeza Shoba loses maintenance claim after court finds distorted picture of her finances
  • Batohi cannot meddle with enquiry procedures after abandoning testimony, panel rules
  • Municipality liable for shutting down businesses in R18.6 million damages claim
  • Health Department ordered to repay doctor after unlawful R105,000 salary deduction
  • Intimidating parent ordered to remain 100 metres from Hendrik Louw Primary School
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Anele Mda must apologise to Mbalula after court dismisses defamation appeal
Civil Law

Anele Mda must apologise to Mbalula after court dismisses defamation appeal

Pretoria High Court finds her allegations were unverified and unlawful, refuses leave to appeal, and confirms apology, retraction and costs against her.
Kennedy MudzuliBy Kennedy MudzuliFebruary 6, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Anele Mda, whose bid to appeal a defamation ruling in favour of Fikile Mbalula was dismissed by the High Court in Pretoria.
Share
Facebook Twitter LinkedIn Pinterest Email
  • Court finds Mda repeated serious criminal allegations about Mbalula without proof or factual knowledge.
  • Judge says the statements were untruthful and based on flimsy hearsay that cannot justify defamation.
  • Leave to appeal dismissed with costs, meaning the apology and retraction order remains binding.

The High Court in Pretoria has refused Anele Mda permission to appeal a defamation judgment in favour of Fikile Mbalula, leaving her legally required to retract her statements, issue an apology and pay the legal costs of the case.

The ruling means that the earlier defamation order remains fully enforceable and brings immediate consequences, rather than necessitating another round of litigation.

Judge Selby Baqwa concluded that the case did not justify another hearing and that the application fell far short of the legal threshold for an appeal. “I am not persuaded that the applicant meets the test for leave to appeal on any of the two statutory provisions on which she relies,” Judge Baqwa wrote. He added, “I therefore stand by the reasons and orders set out in the judgment.”

Unverified allegations could not be defended

The dispute arose after Mda publicly associated Mbalula with serious criminal wrongdoing, including references linked to murder accusations and suggestions that portrayed him as implicated in unlawful conduct. The court found that she did not verify these claims and had no firsthand knowledge of their truth, but instead repeated what she had read in media reports as if it were an established fact.

In her affidavit, she admitted that she did “not purport to have any factual knowledge” of the allegations. That concession proved decisive. Republishing damaging accusations without proof does not shield a person from liability.

“It is trite that for an opinion to be considered fair comment, it must withstand the test of fairness; in other words, it ought to be based on truth,” Judge Baqwa said. He held that the “wrongfulness and unlawfulness which arise from the untruthfulness of the applicant’s statements” defeated any reliance on public interest or privilege.

He warned that allowing such conduct would mean “public figures such as Mr Mbalula would be fair game to character assassination and defamation of the worst kind without an iota of evidence.”

‘New evidence’ dismissed as flimsy hearsay

Mda attempted to rely on what she described as new evidence to justify an appeal, including statements allegedly attributed to a third party and repeated in an article. The court found that the supposed source had no connection to the dispute and that the material added nothing reliable or verifiable.

“The article referred to by the applicant was not authored by Mr Brian Mogotsi,” Judge Baqwa noted, adding that the individual “has no connection with the current matter.” He described the content as “a mere regurgitation of the same unsubstantiated report previously tendered before this court” and said there were “no prospects of persuading another court on such flimsy hearsay evidence,” stressing that probative value “cannot be achieved through hearsay evidence.”

Consequences for Mda

Under the Superior Courts Act, leave to appeal is granted only where there is a genuine chance that another court would reach a different outcome. “There is no sound, rational basis to conclude that there are reasonable prospects of success on appeal,” Judge Baqwa held before ordering, “The application for leave to appeal is dismissed with costs.”

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

defamation law High Court Pretoria leave to appeal Media liability Reputation rights
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Municipality liable for shutting down businesses in R18.6 million damages claim

June 12, 2026

Intimidating parent ordered to remain 100 metres from Hendrik Louw Primary School

June 12, 2026

Police liable after Sweet Home residents shot with rubber bullets during a 2012 protest

June 10, 2026
Leave A Reply Cancel Reply

Prove your humanity: 5   +   8   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Human Rights
4 Mins Read

UP graduate links obstetric violence against black women to failures in maternal healthcare

By Galaletsang LelakaJune 14, 20264 Mins Read

A University of Pretoria master’s graduate has found that black women are disproportionately exposed to obstetric violence during childbirth, highlighting persistent inequalities in South Africa’s maternal healthcare system.

From newsroom deadlines to the Bar, Rorisang Kgosana pursues a higher calling

June 13, 2026

Sexual harassment at work: Employer duties, liability and the rights of employees

June 12, 2026

Phumeza Shoba loses maintenance claim after court finds distorted picture of her finances

June 12, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Agricultural advisors declared scientists in landmark Labour Court ruling

February 17, 2026

Labour Court confirms strict limits on legal representation at the CCMA proceedings

June 8, 2026

FSCA imposes R5.39 million in penalties on financial services firms

June 5, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by