ANC secretary-general Fikile Mbalula has approached the Pretoria High Court on an urgent basis, saying his life is in danger following claims by controversial police fixer Brown Mogotsi that he had a hand in the murder of businessman Wandile Bozwana.
Mbalula wants Mogotsi to be forced to retract the claim, apologise and be interdicted from making the same allegations in the future.
According to Mbalula’s founding affidavit, which we have seen, should Mogotsi not be stopped and his claims remain in the public eye as they are, his life will continue to be in danger because someone from the Bozwana family might wrongly seek revenge against him.
“The conduct of Mr Mogotsi threatens my safety, as the family and friends of Mr Wandile Bozwana are made to believe that I am responsible for the murder of Mr Bozwana,” wrote Mbalula in his founding affidavit.
The Luthuli House administration boss insists that Mogotsi has no shred of evidence to support recent claims he made during a series of TV interviews.
Other than the claim that Mbalula was involved in the killing of Bozwana, Mogotsi had also alleged that Mbalula’s wife, Nozuko, was involved in a corrupt construction tender in the Free State.
Mbalula says these claims have gravely injured his dignity and reputation, as many might now believe he is a murderer and a corrupt leader because of Mogotsi’s averments.
Mbalula’s move to follow the court route comes after he tried to send a cease and desist letter to Mogotsi, but at all of his registered residential addresses in North West, the man was nowhere to be found.
In Mbalula’s view, it is logical to conclude that Mogotsi does not reside in the North West, and thus he felt compelled to approach the high court to seek recourse to reclaim his reputation and that of his family.
The secretary-general is adamant that Mogotsi only had malicious intent when he made the Bozwana claims, since there were convicted individuals for the murder, and that he was cleared by the high court of alleged involvement.
“In relation to the murder of Mr Bozwana; the killers of the deceased were charged, convicted and eventually sentenced to 30 years,” reads Mbalula’s affidavit.
“Mr Bozwana was a friend and comrade of mine for a period of 15 years. Mr Mogotsi’s allegations are unfortunate because I had no issues with Mr Bozwana and therefore had no reason to do such a heinous act. Mr Mogotsi is just being malicious towards me because he is aware of the North Gauteng High Court judgment, which was pronounced on this issue.
“I deny the allegation that I was seen in the company of the people who killed Mr Bozwana shortly after his murder. I was never a suspect or witness in the case against the convicted murderers. In fact, I brought an application against Ms Anele Mda relating to a similar allegation, and the court declared it false and defamatory. The case was publicised, and Mr Mogotsi is aware of it.”
Mbalula also argued that Mogotsi was telling blatant lies with claims that he travelled overseas with now convicted former taxi boss Vusi Khekhe.
In relation to the allegations against his wife, Mbalula says they have no merit and are only intended to lower his and his wife’s standing in the eyes of the public.
Mbalula charges that if Mogotsi believed his allegations that Mbalula is involved in a murder and his wife in corruption, both of which are crimes, he would have approached law enforcement by now.
“The decision not to report these allegations to the police is unfortunate. Mr Mogotsi has no sound basis for violating the law and, in particular, the basic human rights of other people, the right to dignity, without subjecting these allegations to judicial oversight.”
Mbalula told the court he was also worried that Mogotsi’s claims, if left unchallenged, have the potential to make more than 1-million ANC members and millions of supporters, whom he leads, view him with suspicion.
“I have suffered and continue to suffer harm to my reputation both in my personal and professional capacity because of the conduct of Mr Mogotsi.
“My family is also suffering because of these allegations, as they are seen as people who benefit from corruption and are responsible for the killing of Mr Bozwana.
“In order to vindicate my reputation, I seek orders declaring the allegations about me as defamatory and false; and that Mr Mogotsi’s allegations were and continue to be unlawful.”
Mbalula also wants Mogotsi to be ordered to pay him R500 000 for damages or any other amount to be determined by the court, and wants the man linked to suspended police minister Senzo Mchunu to be slapped with a punitive cost order on an attorney and client scale.
Mogotsi has been given until Tuesday to indicate intention to oppose the application and November 18 to file an answering affidavit.
