The Polokwane Division of the High Court has gagged a former Nelson Mandela University (NMU) student for disseminating false and defamatory allegations on social media regarding the institution and its vice chancellor, Dr Sibongile Muthwa.
The court has also ordered that there be no direct communication between respondent Isaac Matomela Diale and Muthwa other than for purposes directly related to his academic records. The NMU has also opened a criminal case against Diale but did not explain the nature of the case and where it was opened.
“The respondent (Diale) is interdicted and restrained from making, disseminating or publishing any false, defamatory allegations regarding the applicants or any of the functionaries or employees of the first applicant (NMU), either directly or indirectly.
“The respondent is interdicted from posting or publishing any false or defamatory information or statements pertaining to the applicants on, inter alia, X (Twitter), Facebook, HelloPeter or any other -social media platform,” the court ruling reads.
According to the account of events given by NMU and Muthwa, Diale engaged in a smear campaign, which involved accusing the university and its vice chancellor of sending gangsters to kidnap and steal his electronic devices. In addition, he also contacted news outlet, The Insight Factor, to publish his allegations under the proposed headline: ‘Student Opens Case against Racist Landlords’.
This led to a criminal case opened against Diale by the institution on October 21 2023. The next day the university served him with a notice that he had been charged with several instances of misconduct. However, he continued his onslaught against the institution.
“Subsequent hereto, the conduct of the respondent only escalated. Various harmful, defamatory and threatening statements were made by the respondent on social media platforms and emails were circulated by the respondent to various individuals at the first applicant, including, but not limited to, the second applicant. Remarks include the allegation that the second applicant is a ‘weak leader’, a ‘weak VC’, a coward’ and an ‘ugly non-progressive vice-chancellor’,” according to the applicants.
They then reiterated that Diale entered a plea of not guilty during disciplinary proceedings. As a result of the hearing, he was suspended until he submitted a psychological assessment report from a private practitioner, confirming that he was mentally fit to continue proceedings.
As no assessment was lodged, the respondent’s enrolment with the NMU lapsed at the end of the 2021 academic year.
On the other hand, Diale submitted that his claims were made out of frustration due to the strife he was facing at the institution, including “white racists constantly threatening to ban him from classes”. He was aggrieved by the institution’s refusal to admit him to complete his qualification.
Despite this, Diale conceded that some of the statements were indeed derogatory and threatening.
He admitted to sending emails to staff members who mocked him when he was academically excluded and threatened to ban him from classes.
Diale further explained that he was unable to provide a medical report because he could not afford to visit a private doctor.
