Gloves off as KZN police commissioner takes on security boss in high court over ‘hit’ claims

Judgment was reserved in the Durban high court on Tuesday where KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi took on controversial security boss Calvin Mathibeli over his claims the top cop ordered a hit on him.

Mathibeli last week accused Mkhwanazi of being corrupt, involved in unlawful killings and being captured by private interests.

Mathibeli allegedly made these statements in a social media post after police visited his company, Calvin Security, and home, in a national police action in December and again two weeks ago.

In the post, Mathibeli said he was aware of plans being orchestrated by police to have him killed under the guise of a shootout.

“I am fully aware of the plans being orchestrated against me … Your attempts to intimidate me and damage my name ahead of my appearance before the Madlanga commission will not work,” he said.

“The difference between you and me is simple. I work hard for everything I have … You are just a police official who is an ice boy for taxi and security company owners.”

“I have been silent for many years of your bullying, and enough is enough.”

“I don’t survive through protection fees from criminals, government officials and politicians you threaten to arrest if they don’t dance for your music because you have their ace cards,” the businessman added.

Mkhwanazi is asking the court to declare the utterances false and defamatory.

And the argument about being a whistleblower is a convenient good cover ― how can you swear at a person and say he prepares mortuaries before police operations because he kills people? It’s a standard cover to protect whatever damage you caused.

—  Nhlanhla Mkhwanazi, KwaZulu-Natal police commissioner

He is also asking that Mathibeli apologise and be interdicted from repeating the claims.

Mathibeli was a no-show when the matter was heard in the high court on Tuesday.

His lawyers argued Mkhwanazi wasn’t named specifically in the post and that he was a whistleblower about the dangerous operations of police in KZN.

After the matter was adjourned, Mkhwanazi dismissed arguments by Mathibeli’s legal team.

“His comments were all over social media and TV. The whole country heard what he said.

“And the argument about being a whistleblower is a convenient good cover ― how can you swear at a person and say he prepares mortuaries before police operations because he kills people? It’s a standard cover to protect whatever damage you caused.”

Mkhwanazi said he was taken aback by Mathibeli’s arrogant attitude to the KZN police chief’s court action by saying he was rich and could afford to pay him off.

“I am sure he can take his cheque book to write many zeros. There must be a number of orphanages who could gladly take that money if his pockets are so big.”

Police last week dismissed the claims as “malicious, baseless, unfounded and somewhat threatening”.

“In his social media post, and a reply to another person’s post about police operations at his company’s premises, Mr Mathibeli recklessly accused police in KZN of being captured by his competitors and that police are a get-rich-quick scheme. He further accused Mkhwanazi of issuing an instruction that he should be shot and killed.

“What Mr Mathibeli does not know is that the operation at his business premises was a head office operation and police in KZN had nothing to do with it. Mr Mathibeli seems to have an obsession with KZN police and particularly the provincial commissioner.”

In the statement police said: “Now that Mr Mathibeli has introduced himself to KZN police, his utterances were simply an invitation to police in KZN to start looking into his business dealings, and police have learnt that he is a beneficiary of a tender with the health department in Gauteng. Police will give him the attention he is seeking and get the ball of investigations rolling.”

Mkhwanazi lodged the urgent interdict against Mathibeli on Thursday.

In December 2018 the Durban high court interdicted Mathibeli from making defamatory statements against former eThekwini mayor Zandile Gumede.

This came after Mathibeli told a newspaper and radio station Gumede was the main wheeler-dealer in a R650m construction project awarded to eight companies in 2015.

Mathibeli‚ one of the contractors awarded work on the project‚ claimed that he paid a large sum of money to Gumede to benefit the ANC and her own foundation to remain contracted. He said Gumede invited him to her house and asked him to give her R100‚000 because the ANC needed funds‚ which he did.

Mathibeli also claimed that Gumede got him to pay for ANC regalia and the branding of vehicles‚ which was done at his business premises in Umhlanga. However‚ when the mayor asked him to make a R150‚000 contribution to the Zandile Gumede Foundation‚ he declined.

The ANC eThekwini region has sprung to Gumede’s defence‚ with then ANC regional secretary Bheki Ntuli saying the regional executive committee rejected Mathibeli’s allegations in the strongest terms.