Troon must pay R130,000 for defaming EFF councillor
Nelson Mandela Bay GOOD councillor Lawrence Troon has been ordered to cough up R130,000 for defaming EFF councillor Khanya Ngqisha, whom he accused of trying to solicit a R1m bribe from Hive Hydrogen.
Troon has also been ordered to pay Ngqisha’s legal costs.
Ngqisha, who is a member of the mayoral committee and EFF regional chair, accused Troon of making defamatory remarks against him during a TV interview and repeating the statement on his social media platforms.
At the time, Troon allegedly said: “On the 7th of December, when the item of Hive had to be passed in council, Khanya solicited R1m from Hive and Khanya must pay for that.
“In Nelson Mandela Bay, there is no councillor that is more corrupt than Khanya
Ngqisha.” Troon was accused of making further defamatory statements against Ngqisha outside the Humewood police station, where he alleged the EFF councillor was using the Expanded Public Works Programme (EPWP) to strengthen his position in the party by dishing out jobs to EFF members.
He then repeated the accusation about the EPWP jobs in a Facebook post.
Ngqisha had sued Troon for R1.6m.
Yesterday, acting Gqeberha regional court magistrate Thobile Jikela upheld all four defamation claims made against Troon by Ngqisha.
Jikela ordered Troon to pay Ngqisha R130,000 in damages.
Payment must be made within 14 days.
Troon had failed to defend himself in court.
Ngqisha, when contacted, said Troon was an irrelevant opportunist.
“I have always pronounced my innocence and Troon was riding on the popularity of my name to get relevance.
“Hence I needed to go to court so that this opportunism could be exposed to the public.”
He said Troon had failed to supply any evidence to substantiate his allegations.
“I am happy the court has exposed him.
“We will follow suit in terms of claiming what the court deems fit,” Ngqisha said.
Troon, however, said he would not back down on the claims and repeated them.
“I will go to the Constitutional Court to fight this matter,” he said.
Jikela found Troon had made defamatory remarks that could damage Ngqisha’s public and work standing.
“Objectively viewed, the statements that were published by the defendant [Troon] are likely to injure the good esteem in which the plaintiff [Ngqisha] is held by the reasonable or average person to whom it was published,” Jikela said in a written judgment.
“These statements are defamatory, undermining respect for the plaintiff and the esteem in which he is held by the public and his fellow councillors.”
Troon had filed a notice to defend himself but never filed any arguments to be heard in court.
“Without the benefit of the defendant’s rebuttal, it then follows that the publication by the defendant of the defamatory statements was unlawful and unintentional.”
On the award, Jikela said while damages were not meant to enrich a person, such comments could damage Ngqisha’s ability to garner votes.
“A blemished integrity diminishes the chances of re-election.”
In February, Troon and Ngqisha nearly came to blows during a heated council meeting, leading speaker Eugene Johnson to abruptly end the session.
Troon said he had the evidence to back up his claims.
In 2018, Troon was forced to make a public apology after he falsely accused former Bay mayor Athol Trollip of racism, cruelty and exploitation.
Trollip immediately withdrew his R5m defamation claim against Troon after the apology.
Both the public apology and the withdrawal of the claim were made an order of the high court in Makhanda.