Mayor to sue Phalatse for alleged defamation of character

South Africa – Soweto – Phalatse to contest for DA Federal leader. 30 January 2023. Former mayor of Johannesburg Dr Mpho Phalatse held a press brief at the Hector Petersen Memorial in Soweto to announce that she will be taking on John Steenhuisen for the DA top position as Federal leader. Picture: Timothy Bernard African News Agency (ANA)

South Africa – Soweto – Phalatse to contest for DA Federal leader. 30 January 2023. Former mayor of Johannesburg Dr Mpho Phalatse held a press brief at the Hector Petersen Memorial in Soweto to announce that she will be taking on John Steenhuisen for the DA top position as Federal leader. Picture: Timothy Bernard African News Agency (ANA)

Published Jun 28, 2023

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Johannesburg - The mayor of Joburg, Kabelo Gwamanda, has initiated processes to sue the former leader of the DA in Joburg, Mpho Phalatse, for calling him a “swindler” and a “scammer”.

This stems from allegations that Gwamanda ran a burial and investment company that saw scores of people lose their benefits. The matter was still under investigation by the police and the financial services regulator.

The Star has seen a lawyer’s letter sent to Phalatse. The letter goes over a number of comments that Phalatse made on social media and in TV and radio interviews.

“You have encouraged disparaging and hostile opinions against our client by, among others, residents of the City of Joburg and the Republic of South Africa,” the letter said.

In the document, Gwamanda’s lawyers said Phalatse made the claims against the mayor without any evidence.

“You made the statement with no evidence or facts; rather, you published the statement on the strength of so-called social media sources and ‘voice notes’ on WhatsApp. In using your public office and platform, you have legitimised the defamatory statements as if they were facts, which is not the case at all.”

Phalatse has been accused of undermining the mayor’s status, integrity and goodwill. The lawyers essentially accused Phalatse of destroying Gwamanda’s public image.

“It is clear that you have taken it upon yourself to publish defamatory statements against our client. You did so intentionally, and your conduct is unlawful. In publishing these statements, you have undermined our client’s status, goodwill, and reputation as well as encouraged disparaging and hostile opinions against him by, among others, residents of the City of Joburg and the Republic of South Africa,” the document said.

The lawyers have instructed Phalatse to delete all material on her social media that could be defamatory. They have also instructed her to issue a public apology. Phalatse had until May 12 to comply with Gwamanda's lawyers' instructions, but had allegedly missed it.

“Should you fail to comply with the above by 9am on Friday, May 12, we hold instructions to institute proceedings against you,” the letter said.

Phalatse is no longer the leader of the DA in Joburg but she was at the helm when certain statements were made against Gwamanda.

The DA caucus leader in Joburg, Belinda Echeozonjoku, said the party was behind Phalatse. She said DA lawyers had sent a response to the mayor’s lawyers.

The Star had reached out to the mayor’s spokesperson, Mlimandlela Ndamase, for comment on the matter but didn’t get any by publication.

The Star