Amorette Gangel – Director
Co-authored by Kaitlyn Pillay
On 15 March 2013, Former Lt-Gen Khomotso Phahlane (“Phahlane”) instituted defamation proceedings against the Police and Prisons Civil Rights Union (“POPCRU”) and several of its members.
The institution of defamation proceedings was necessitated when POPCRU and its members published a press statement in 2012 wherein Phahlane (who was called out by name) was accused of inter alia corrupt practices, treasonable conduct, responsible for turning a blind eye to corrupt activities within the FSL, victimising whistle blowers, doctoring crime statistics, allowed drugs to be stolen from the FSL.
Phahlane who had dedicated decades of his life to the South African Police Service, completely denied the allegations and demanded both a retraction and an apology. Instead of backing down, POPCRU continued to make these claims publicly, refused to apologise, and launched what became a long and very public campaign against him.
Faced with these false and malicious allegations that struck at the core of his professional integrity, Phahlane was left with no choice but to turn to the courts to vindicate his name. BDK Attorneys represented Phahlane during the trial, application for leave to appeal and the full bench appeal.
Throughout the trial, the defendants offered little more than speculation and hearsay, their stance was evasive and vague, with no proof to justify their claims. Their defamatory publication was not an act of whistleblowing or public interest disclosure – it was a calculated smear campaign, executed under the guise of accountability.
The late Judge Monama’s judgement pulled no punches and found in favour of Phahlane, holding that the statements made by POPCRU and its members were defamatory, they were published with malice, and that no lawful justification or public interest defence could be sustained.
The late Judge Monama held that the defamatory statements had caused severe harm to Phahlane’s reputation, dignity, and career, and awarded damages accordingly. The judgment stands as a firm reminder that freedom of expression does not extend to deliberate false statements or the abuse of public platforms for personal or political gain.
After losing in the trial court, POPCRU and its members appealed. POPCRU and its members delayed the appeal process for approximately 7 years where BDK Attorneys had to prosecute the appeal on behalf of Phahlane, as Respondent.
The full bench (a Court constituting three Judges) emphatically upheld the late Judge Monama’s findings, confirming that the defamation was clear, intentional and unjustified.
The appellate court reinforced the principle that allegations of corruption and criminality must be substantiated, particularly when directed at a senior public official. The court criticized the appellants’ continued refusal to take responsibility, describing their approach as “without merit” and “abuse of process”. The appeal was dismissed with costs on a punitive scale.
This outcome represents not only a personal victory for Phahlane, but also a significant affirmation of the rule of law and the boundaries of responsible expression. The courts have spoken clearly: baseless defamation masquerading as activism has no place in a constitutional democracy.
Phahlane’s pursuit of justice serves as a powerful example that truth ultimately prevails, even against entrenched organisational power and misinformation.
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