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Mbalula Seeks Urgent Court Interdict After Murder Allegations Jeopardise His Safety
Pretoria – ANC Secretary-General Fikile Mbalula has urgently approached the Pretoria High Court, stating that his life is in danger following explosive claims made by controversial police fixer Brown Mogotsi. Mogotsi has alleged Mbalula was involved in the murder of businessman Wandile Bozwana, a claim the ANC stalwart vehemently denies.
In his founding affidavit, Mbalula outlines the severe threat he believes Mogotsi's allegations pose to his personal safety. He argues that if Mogotsi is not stopped from disseminating these claims, the Bozwana family, acting on misinformation, might seek revenge against him.
"The conduct of Mr Mogotsi threatens my safety, as the family and friends of Mr Wandile Bozwana are made to believe that I am responsible for the murder of Mr Bozwana," Mbalula wrote in his affidavit.
Mbalula is seeking a court order to force Mogotsi to retract his claims, issue a formal apology, and be permanently interdicted from making similar allegations in the future. The Luthuli House administration boss insists that Mogotsi possesses no evidence whatsoever to substantiate his claims, which he made during a series of recent television interviews.
Beyond the Bozwana murder accusation, Mogotsi has also alleged that Mbalula's wife, Nozuko, was implicated in a corrupt construction tender in the Free State. Mbalula maintains that these claims are entirely baseless and have severely damaged his dignity and reputation. He argues that the public may now believe he is both a murderer and a corrupt leader as a result of Mogotsi's pronouncements.
Mbalula’s decision to pursue legal action came after his attempts to deliver a cease and desist letter to Mogotsi proved futile. Despite efforts to locate Mogotsi at all of his registered residential addresses in North West, he was nowhere to be found.
Mbalula believes it is reasonable to conclude that Mogotsi does not reside in the North West, leaving him with no alternative but to approach the High Court to seek redress and restore his and his family's reputation.
The Secretary-General is adamant that Mogotsi acted with malicious intent when he made the Bozwana claims. He points out that individuals have already been convicted and sentenced for Bozwana's murder, and that he has been cleared of any alleged involvement by the High Court.
"In relation to the murder of Mr Bozwana; the killers of the deceased were charged, convicted and eventually sentenced to 30 years," Mbalula's affidavit states.
He further elaborates on his relationship with the deceased, stating: "Mr Bozwana was a friend and comrade of mine for a period of 15 years. Mr Mogotsi’s allegations are unfortunate because I had no issues with Mr Bozwana and therefore had no reason to do such a heinous act. Mr Mogotsi is just being malicious towards me because he is aware of the North Gauteng High Court judgment, which was pronounced on this issue."
Mbalula also refutes Mogotsi's claims that he was seen in the company of Bozwana's killers shortly after the murder. "I deny the allegation that I was seen in the company of the people who killed Mr Bozwana shortly after his murder. I was never a suspect or witness in the case against the convicted murderers. In fact, I brought an application against Ms Anele Mda relating to a similar allegation, and the court declared it false and defamatory. The case was publicised, and Mr Mogotsi is aware of it."
He also dismisses Mogotsi's claims that he travelled overseas with convicted former taxi boss Vusi Khekhe as blatant lies.
Addressing the allegations against his wife, Mbalula asserts that they are without merit and are solely intended to damage his and his wife's standing in the eyes of the public.
Mbalula argues that if Mogotsi genuinely believed his allegations that Mbalula is involved in a murder and his wife in corruption – both of which are serious crimes – he would have reported them to law enforcement authorities. "The decision not to report these allegations to the police is unfortunate. Mr Mogotsi has no sound basis for violating the law and, in particular, the basic human rights of other people, the right to dignity, without subjecting these allegations to judicial oversight," Mbalula states.
Mbalula also expressed concern that Mogotsi's claims, if left unchallenged, could lead more than 1 million ANC members and millions of supporters, whom he leads, to view him with suspicion.
“I have suffered and continue to suffer harm to my reputation both in my personal and professional capacity because of the conduct of Mr Mogotsi," he says. "My family is also suffering because of these allegations, as they are seen as people who benefit from corruption and are responsible for the killing of Mr Bozwana."
In his court application, Mbalula seeks orders declaring Mogotsi's allegations defamatory and false, and that they were and continue to be unlawful.
Mbalula is also seeking R500,000 in damages from Mogotsi, or any other amount to be determined by the court. He is also requesting that Mogotsi be slapped with a punitive cost order on an attorney and client scale.
Mogotsi has been given until Tuesday to indicate his intention to oppose the application and until November 18 to file an answering affidavit. The case is set to be a high-profile legal battle, with significant implications for Mbalula's reputation and political future.
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