ANC’s Fikile Mbalula Wins Gag Order Against Brown Mogotsi in Defamation Battle Over Murder and Corruption Claims

ANC Secretary-General Fikile Mbalula has successfully obtained a gag order against businessman Brown Mogotsi, following a ruling by the Gauteng High Court in Pretoria that declared Mogotsi’s public accusations false and defamatory. The court’s decision, delivered on Tuesday, 25 November 2025, stems from Mogotsi’s claims linking Mbalula to the 2015 murder of North West businessman Wandile Bozwana and benefiting from a controversial Free State housing scandal. Judge Jacobus Strydom emphasised the need for public figures like Mbalula to remain free from such damaging allegations, especially those implying corruption and criminal involvement.

Mogotsi, who made the statements during interviews with the SABC and Newzroom Afrika, failed to appear in court, complicating proceedings. This legal victory for Mbalula highlights ongoing tensions within the ANC and broader issues of defamation in South African politics. As the ruling prohibits Mogotsi from repeating the claims, it raises questions about accountability and the impact of unsubstantiated accusations on public discourse. With Mogotsi’s history of controversial statements, including those at the Madlanga Commission, this case underscores the fine line between free speech and harmful libel.

The Court’s Ruling and Key Findings

In a strongly worded judgment, Judge Jacobus Strydom ruled that Brown Mogotsi’s allegations against Fikile Mbalula were not only false but also defamatory. The statements, aired in media interviews, portrayed Mbalula as a “murderer, corrupt, lacking integrity, and untrustworthy.” Strydom highlighted the public interest in protecting the reputation of high-ranking officials, stating: “It is vital and in public interest that a person holding the office of secretary-general of the ANC should be free from blemish, especially allegations of corruption.”

The court granted Mbalula an interdict, effectively gagging Mogotsi from further disseminating the claims. Mbalula’s advocate, Phumudzo Managa, informed the court that Mogotsi was difficult to locate, even on the day of the proceedings, which added to the challenges of serving notice. Despite this, the judge proceeded, finding sufficient grounds to rule in Mbalula’s favour based on the evidence presented.

This urgent application was brought by Mbalula in October 2025, seeking to halt what he described as a smear campaign. The ruling not only vindicates Mbalula but also sets a precedent for handling defamation in political contexts, where social media and public interviews can amplify unverified claims rapidly.

Background on the Allegations: Wandile Bozwana’s Murder

Brown Mogotsi’s accusations centred on Mbalula’s alleged involvement in the 2015 murder of Wandile Bozwana, a prominent North West businessman known for his outspoken criticism of corruption. Bozwana was gunned down on 2 October 2015 while in his car at a Pretoria traffic light, alongside his business partner Mpho Baloyi, who survived the attack. The assailants fired multiple shots, killing Bozwana at the scene.

Investigations revealed the murder was a targeted hit, linked to Bozwana’s disputes over tenders and his exposure of irregularities in government contracts. Several individuals have been convicted in connection with the crime. In January 2024, Vusi Mathibela, Sipho Patrick Mhlongo, Bonginkosi Khumalo, and Robert Chaka were each sentenced to 30 years in prison for their roles in the assassination. Hitman Aggrey Mncube faced charges for the murder and attempted murder of Baloyi, with CCTV footage showing how Bozwana was followed to the site of the killing.

Mogotsi claimed Mbalula was responsible for orchestrating the hit, allegations that Mbalula has vehemently denied as baseless and politically motivated. The court found no evidence to support these claims, deeming them defamatory and harmful to Mbalula’s standing as a senior ANC leader.

The Free State Housing Scandal Connection

Mogotsi also accused Mbalula of benefiting from a Free State housing scandal, a long-standing controversy that surfaced in 2017. Reports at the time revealed that the Free State government spent R631 million on housing projects where not a single house was built. The scandal involved alleged fraudulent tenders and payments to connected individuals.

Mbalula’s wife, Nozuko Mbalula, was implicated in media reports, accused of receiving millions through trusts linked to the deals. Former SABC executive Hlaudi Motsoeneng was also named, with claims that they profited from contracts worth over R38 million. Both Nozuko Mbalula and Motsoeneng denied the allegations, proclaiming their innocence and describing the reports as damaging lies. By January 2017, they were cleared of legal action related to the scandal.

Mogotsi’s revival of these claims painted Mbalula as corrupt, but the court ruled them unsubstantiated. The judgment reinforces that such accusations, without proof, constitute defamation, especially when targeting public figures whose roles demand integrity.

Mogotsi’s Controversial Profile and Prior Statements

Brown Mogotsi has been a figure of contention, particularly following his testimony at the Madlanga Commission, where he made explosive allegations about police infiltration and corruption. He accused senior officials, including Mbalula, of revolutionary misconduct and interference in law enforcement. Mbalula previously dismissed Mogotsi as a “disgruntled information peddler” and “comrade tsotsi,” warning ANC members against associating with him.

Mogotsi’s failure to appear in court for the defamation case has fueled speculation about his motives and credibility. His statements have divided opinions, with some seeing him as a whistleblower and others as a provocateur. The gag order now restricts him from repeating the claims, potentially limiting his public commentary on these matters.

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