Patrice Motsepe successfully silences BLF

Billionaire businessman Patrice Motsepe has secured a temporary interdict preventing Black First Land First (BLF) and its leader Andile Mngxitama of accusing him of involvement in plotting a coup in Botswana.

The case, which was first heard at the High Court in Johannesburg on Tuesday, concluded on Thursday, with Judge Thifhelimbilu Mudau ruling that Mngxitama and the party must cease to make similar accusations about Motsepe.

The matter will now go to trial in the latest instalment of what appears to be the party’s never-ending court battles.

The ruling comes at a bad time for the party, which was found guilty of hate speech in the Equality Court earlier this week and has performed badly in the elections, without a realistic chance of getting a single seat in parliament as vote counting enters its final quarter.

Motsepe’s lawyer, John Campbell, argued that Mngxitama’s utterances linking the businessman and his sister Bridgette Radebe to alleged regime change plots amounted to a violation of his client’s dignity. The claims amounted to “fake news”, Campbell said, adding “as one world political leader might say” in a reference to US President Donald Trump.

He also argued that for speech to be protected under South African law, it has to be fact-based.

BLF’s lawyer Luyanda Nyangiwe, meanwhile, argued that the party’s comments amounted to “fair comment” and had not had a negative effect on Motsepe’s business interests.

Motsepe launched an urgent application at the end of April to get a temporary interdict to stop the party and its leader from repeating the allegations.

READ MORE: BLF writes to Patrice Motsepe, says they can’t be intimidated or bought ‘like Malema’

Motsepe sent Mngxitama and his party a letter following utterances from the BLF leader at a press conference accusing Bridgette Radebe, the wife of Energy Minister Jeff Radebe and sister of Patrice, of underhanded political and business dealings in Botswana. The BLF leader alleged that the billionaire was also involved.

Motsepe took issue with Mngxitama having alleged that his sister had ambitions to take over the diamond industry in Botswana and that she and Motsepe had been involved in an alleged coup plot in the country to that end.

His lawyers said: “These remarks are all untruthful.”

The lawyers added that Mngxitama’s comments were injurious to their client’s dignity, were offensive, derogatory, hurtful, and exposed their client to general disesteem and ill-will.

Motsepe’s lawyers demanded that Mngxitama and the BLF give a written undertaking by last Sunday afternoon that they would refrain from making any further allegedly defamatory remarks. Mngxitama and BLF refused to apologise, leading to civil action against them in the high court.

The party released a statement confirming the court appearance.

“The urgent application was brought by Patrice Motsepe’s legal team in order to silence BLF and president Andile Mngxitama on the Motsepe family’s alleged role in the attempted soft coup in Botswana, nefariously linked to the country’s diamond business,” the statement says.

In reaction to Motsepe’s demand for Mngxitama to apologise, he instead doubled down, releasing a statement in which he made further written accusations against Radebe and Motsepe, once again welcoming the decision of the ruling Botswana Democratic Party (BDP) government to impose travel restrictions on Bridgette Radebe due to the accusations of her being “involved in a regime change campaign to remove President Masisi from power and replace him with Pelonomi Venson-Moitoi, who is backed by Masisi’s predecessor, Ian Khama”.

He repeated the allegation that Radebe was “being used” by supposed “imperialist interests to create hostility towards President Mokgweetsi Masisi in return for securing her own mining interests”.

The gag order ruling comes in the same week the party was forced to appear before the Equality Court, where it was ruled that its slogan “land or death” constituted hate speech. The party was expected to issue a written apology and remove the slogan from all party branding, something it has refused to do. Despite being found guilty of hate speech, the party issued a statement declaring the ruling a “victory” as the BLF remained on the ballot for the May 8 elections.

(Compiled by Daniel Friedman. Background reporting, Charles Cilliers)

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