Claims that ANC MP Boy Mamabolo has dropped his defamation suit against Isabella Kgaogelo Kganyago, his cousin-in-law, have been refuted.
The lawsuit was reportedly sparked by Kganyago’s distribution of a disparaging voice note regarding Mamabolo, characterising him as an abuser and hypocrite, among other things.
Mamabolo clarified that the case was only transferred to the Pretoria High Court from the Polokwane High Court, where an application was filed.
He claimed that Kganyago’s employment in the area was the driving force behind the change, which required a new court to hear the case.
“Like I said before, the allegations are too serious to be left unchallenged, so we have served her personally today [Thursday] at her workplace,” Mamabolo said.
“We are definitely heading to the [Pretoria] high court to seek a public apology from her.”
Intention to oppose
Court records obtained by Sunday World reveal that on February 21, the day Mamabolo and his attorneys withdrew the case from Polokwane High Court, Kganyago’s attorneys, MWIM & Associates, approved a notice of intention to oppose.
On February 28, MWIM & Associates signed off on a letter that states that Kganyago’s legal costs should be covered by the applicants since the matter had been withdrawn from court.
“Please note further that the notice of withdrawal of application does not have an undertaking to pay the respondent’s costs incurred, and this is against the rules of the court, read the documents in part.
“We therefore require confirmation in writing that the applicant undertakes to pay the respondent’s costs occasioned in respect of the application.”
In the new application, Mamabolo’s mother and wife, Johanna Mamabolo and Khomotso Molotane, have joined the politician as plaintiffs.
The trio demands that Kganyago remove the voice note from her phone and record a video and voice note apologising in public to the family and the children without removing or changing the privacy of her social media accounts.
Comments should be allowed for at least a month.
24-hour deadline
Kganyago was granted a 24-hour deadline to record and publish the video and audio recording after receiving the court order
The documents also state that R2-million should be paid to the first applicant, Mamabolo, and also cover the legal costs of the matter.
In the founding affidavit submitted to court, Mamabolo said Kgaogelo made serious and unfounded allegations against his whole family, including his mother, wife, and children.
Mamabolo said in the affidavit: “In that voice note, the respondent stated the following: that I am a stupid member of parliament, that I abuse my wife, that my own family hates me, and that my mother is frightened of me, thereby insinuating that I am a monster.
“That my children are frightened of me, that I am homeless and have no shelter to live in, that I am not able to maintain my children and that my children are maintained by my mother-in-law, that the community hates me and that I do not have friends, and that I bewitched and hypnotised my wife.”
He added that he was accused of living off of football boots and not having any clothes.
Allegations are baseless and untrue
Mamabolo stated that the voice note would be available in court if necessary and that Molotane’s voice note might also be presented.
In response to Kganyago’s voice note, Molotane rejected the allegations as baseless and untrue.
“I further submit that to be accused of the above allegations in such a manner and circumstances is defamatory,” said Mamabolo in the court documents.
“I submit that the above defamatory voice note was published with the intent and/or calculation to defame the second applicant and the third applicant, as well as my name, reputation and integrity as a member of the parliament of the Republic of South Africa, as a leader of the community, and as a family man.”
He said that parliament, his employer, and the ANC had informed him that if the voice note is accepted as true without question, he will be hauled before a commission, deemed unfit to hold office, and may be fired.
“Recently, I posted a picture of myself whilst attending Sona 2024 [State of the Nation Address], he said in the documents.
“Sadly, the followers/people on social media deviated from what was portrayed in the picture, and they started making offending comments using the respondent’s allegations, [saying] that today I am not wearing soccer boots, and the allegations by the respondent are true.”
