Ex-Emfuleni CFO ordered to pay R100k over WhatsApp defamation

A former Emfuleni Local Municipality chief financial officer has been ordered to pay a supply chain manager R100,000 in damages after making defamatory statements about him on a workplace WhatsApp group.

The Johannesburg High Court’s appeal division found that Andile Philip Dyakala’s claims that Jason Mkhwane had “normalised corruption”, as well as his descriptions of Mkhwane as a “renowned bully” and a “looter”, were defamatory and unlawful.

The court found that evidence of irregular municipal expenditure did not, on its own, establish that Mkhwane was personally corrupt.

It further found that no specific corrupt transaction involving Mkhwane had been established.

Dyakala was ordered to issue an unconditional written apology and retraction to the WhatsApp group where the statements were made.

He was also ordered to remove the statements from platforms under his control and to pay Mkhwane’s legal costs.