What to know about the R3-million defamation lawsuit by Nhlamulo Ndhlela against Floyd Shivambu
In a compelling legal confrontation, Nhlamulo Ndhlela, the national spokesperson for the UMkhonto weSizwe Party (MKP), launched a defamation lawsuit against former party general secretary Floyd Shivambu, seeking a hefty R3-million in damages.
The lawsuit comes on the heels of disparaging claims made by Shivambu during an interview with eNCA which Ndhlela asserts were baseless and intended to damage his reputation.
Defamatory and malicious allegations
Shivambu, who has publicly disparaged Ndhlela, labelled him "an imbecile" and "a fool," alleging that he is 'always on drugs and always high on alcohol.' Furthermore, these allegations included accusations of dishonesty regarding his interactions with former president Jacob Zuma, specifically suggesting the misuse of Zuma's daughter to gain influence within the MK Party.
Statements were made to undermine Ndhlela
According to Ndhlela's attorneys, Ndou Inc Attorneys, these statements reflect a significant disregard for truth and were crafted to undermine Ndhlela's standing as a respected figure within both the party and the larger political landscape. "These remarks have resulted in reputational damage, emotional distress, and public ridicule," read the court papers.
Ndhlela has faced public scrutiny
According to his legal team, since the interview aired, Ndhlela has faced a torrent of public scrutiny, receiving numerous phone calls and messages from colleagues and journalists seeking clarification in relation to the allegations. In an effort to mitigate the fallout, Ndhlela's legal team presented screenshots of social media posts ridiculing him, further evidence of harm to his reputation.
Issue an apology on social media
According to a report by Times Live, Shivambu has been instructed to issue an apology and retract his statement on X within 48 hours. Additionally, he is required to pin the post for at least seven days, clearly stating that the allegations he made on eNCA were false and he regrets making them. He was further required to reach out to eNCA and ask them to air a correction of his statement.
The publication further added that if the demands were not met within 48 hours, the defamation lawsuit will be escalated to the high court. Shivambu will potentially face a court order requiring him to retract his statement and issue an apology. As well as covering the costs of the application.
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Daily Maverick
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IOL News
11 hours ago
- IOL News
Nhlamulo Ndhlela continues lawsuit against Floyd Shivambu despite retraction
MK Party spokesperson Nhlamulo Ndhlela denies drug allegations, saying he has medical proof that disputes claims made by Floyd Shivambu. Image: Itumeleng English / Independent Newspapers The MK Party spokesperson, Nhlamulo Ndhlela, is set to continue with the lawsuit against the party's former secretary general, Floyd Shivambu, despite his apology. Shivambu retracted his statement, which insinuated that Ndhlela abuses alcohol and drugs and that he is a liar. Shivambu's apology comes after Ndhlela sent a letter of demand for the remarks he made against him. The remarks were made during the recent interview with eNCA, in which he called Ndhlela a liar, a drunk, and a drug addict. Shivambu was given 48 hours to publish an apology and a retraction of his statement on X, and to pin the post for a minimum of seven days, stating: 'the allegations were false, without foundation, and that you regret making them'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ He was also required to contact eNCA and request that they broadcast a correction of his statement. Briefing the media on Friday, Shivambu said: 'I must unconditionally retract the statements about drug use and alcohol abuse of Ndhlela.' However, Ndhlela, who is suing Shivambu for defamation and a R3 million lawsuit, told Independent Newspapers that he will go ahead despite the retraction. He said this was not an apology, adding that Shivambu played with words. 'He did not apologise but retracted. And he said he has advised, meaning he did not do it voluntarily,' said Ndhlela. In the court papers, Ndhlela said the allegations impugn his competence, credibility and integrity as a public figure. He said the statements were defamatory. 'These are serious allegations, especially against a member of Parliament, who is expected to uphold dignity as a spokesperson of MKP, whose credibility is essential,' he said, adding that statements were made with malice and without lawful justification. He said these remarks were solely directed at his dignity and his good reputation. Ndhlela added he has been receiving calls and messages from people expressing shock, ridicule and concern following the remarks. He said he was also mocked on social media. 'The plaintiff experienced anxiety, stress and humiliation. His credibility was questioned by his party and other parliamentary colleagues,' reads the papers, adding that he suffered a loss of trust and his public image has been tainted. 'As a result, the plaintiff suffered impairment to his dignity, good name and reputation. He also suffered public ridicule, insults and an injury to his political career. Loss of standing in the eyes of the public, colleagues and constituents.' He said Shivambu was required to retract the remarks and offer a public apology on June 24, but he failed to comply. 'Because of the defamation, the plaintiff has been damaged in his reputation and has suffered damages in the sum of R3 000 000.00. The conduct of the defendant (Shivambu) is the factual cause for the damages suffered by the plaintiff, but for the aforementioned defamatory statements, the plaintiff would not have suffered damages.' attempts to reach Shivhamu were unsuccessful.
