ANC provincial secretary takes legal action against Facebook user

ANC provincial secretary Lulama Ngcukayitobi has taken legal action against a Facebook user regarding defamatory posts.

The Mthatha High Court has ordered Musa Lonwabo Kwetana, alias “Jah King”, to apologise to Ngcukayitobi and remove all the posts.

Kwetana had accused Ngcukayitobi of being greedy and corrupt.

He also said Ngcukayitobi had formed a foundation to loot from the OR Tambo district municipality — allegations described by Ngcukayitobi, through his lawyers, as unfounded.

Ngcukayitobi’s legal representatives, Mvuzo Notyesi

Incorporated, in their papers accused Kwetana of failing to obey the order.

“We served you with the court order dated April 4,” the lawyers wrote.

“In terms of the court order and the letter accompanying the court order, you were called on to remove all the defamatory posts and tender an apology,” Notyesi wrote.

“In disdained and mendacious fashion, you disobeyed the directive to tender an apology.

“You posted under your account ‘King Jah’ the following: ‘As court said I apologise to Lulama Ngcukaitobi’.”

Notyesi said Kwetana, according to the court order and the legal team’s letter, was required, as a person, to apologise to Ngcukayitobi personally and not simply directions of the court.

“For these reasons, our client instructed us that you have not tendered an apology,” Notyesi said.

Ngcukayitobi’s legal team suggested how the wording of the apology from Kwetana should be written and asked Kwetana to commit that he would never level such allegations against Ngcukayitobi again — unless there is legal basis for doing so.

Notyesi in the papers said they were not convinced that Kwetana had deleted all the contentious posts and demanded confirmation that he had done so.

“Should you fail to tender the appropriate apology, we hold instructions to bring an urgent application for your arrest and imprisonment in respect of t your contempt of court order,” the lawyers wrote.

“The recent court case law indicates that persons who have violated court orders have been punished for a jail term of a minimum of six months and above.

“It is not our desire to have you arrested or imprisoned, our intention is to ensure that you recognise the reputational damage that you have caused to our client by unfounded defamatory statements.”

Notyesi warned should Kwetana fail to heed the demand, they would bring an application before the high court on April 11.