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Court grants Msunduzi mayor and deputy urgent relief in Facebook defamation battle

Mayor Mzimkhulu Thebolla and Deputy Mayor Mxolisi Mkhize approached the court on an urgent basis over statements published by Zondi.

The Pietermaritzburg High Court on Tuesday granted an urgent interim order in favour of Msunduzi Municipality mayor and deputy mayor against Labour and Civic Organisation (Laco) leader Mlungisi “Inkinga ka Mancinza” Zondi.

Mayor Mzimkhulu Thebolla and Deputy Mayor Mxolisi Mkhize approached the court on an urgent basis over statements published by Zondi on his Facebook account on June 5, which they argued were defamatory and harmful to their reputations.

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In its ruling, the court found that the matter warranted urgency and issued a rule nisi, directing Zondi to appear in court on September 21, to show cause why the order should not be made final.

The court further found that the statements published by Zondi were, on the face of it, “defamatory, false and unlawful”, pending a final determination of the case.

As part of the interim relief, Zondi has been ordered to immediately remove the posts and refrain from publishing or distributing any further defamatory statements about Thebolla and Mkhize.

Zondi was also directed to publish the court order on his Facebook account within 24 hours of being served and to keep it pinned for 14 days.

The court postponed the issue of damages and a possible apology for oral evidence.

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Zondi was also ordered to pay Thebolla and Mkhize’s legal costs on an attorney-and-client scale.

The interim order remains in force until the matter returns to court in September for final determination.

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