Private security company owner Calvin Mathibeli has formally filed court papers to appeal a judgment handed down by the Durban High Court in favour of KwaZulu-Natal provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi.
On Friday, Judge Sanele Hlatshwayo ruled in favour of Mkhwanazi after the commissioner approached the court on an urgent basis seeking to interdict Mathibeli from allegedly defaming him.
‘Delete defamatory posts’
In the order, Hlatshwayo directed Mathibeli to remove, delete and retract all defamatory publications about Mkhwanazi from social media platforms, websites and other digital media within 24 hours.
The court further ordered the owner and chairperson of Calvin and Family Group to retract allegations made during an interview on Newzroom Afrika in which he accused Mkhwanazi of corruption and claimed there was a plot to have him killed.
Hlatshwayo also directed that any action for damages allegedly suffered by Mkhwanazi must be instituted within 60 days of the order.
Notice of appeal
Court records show that the notice of appeal was filed electronically on Saturday. An accompanying email from Mathibeli’s attorneys reads: “We refer to the above matter, as well as the Judgment handed down on 27 February 2026. Kindly find attached hereto the following documents, duly served onto you via email: 1. Filing Sheet – Notice of Leave to Appeal; and 2. Notice of Leave to Appeal.”
The dispute was preceded by concerns raised by Mathibeli’s legal team about not being furnished with the founding affidavit.
Wrangle over founding affidavit
Last week, Sunday World reported on the legal battle between Mkhwanazi and Mathibeli, noting difficulties faced by the security boss’s lawyers in obtaining the affidavit relied upon in court.
According to a source familiar with the exchanges, Mathibeli’s lawyers received the founding affidavit only after raising objections with the commissioner’s legal representatives. The source described the interactions as tense before the document was eventually provided.
The source further alleged that the absence of the affidavit in the initial papers created uncertainty about the case that Mathibeli was required to answer.
Mathibeli’s lawyers are said to have insisted on receiving the affidavit to prepare and file a responding affidavit within the prescribed timelines.
Legal experts say a court application served without a founding affidavit can be challenged at the outset.
