NEHAWU VS ANC KZN Provincial Secretary Bheki Mtolo
By Thabo Mosia
The National Education, Health, and Allied Workers’ Union (NEHAWU) has launched a R2 million lawsuit against the African National Congress (ANC) and its KwaZulu-Natal Provincial Secretary, Bheki Mtolo. The lawsuit, filed in the Pietermaritzburg High Court, stems from public statements made by Mtolo in Kokstad, where he accused the COSATU-aligned labour union of being responsible for poor service delivery in several key government departments, including Home Affairs and the South African Social Security Agency (SASSA).
NEHAWU, a prominent trade union in South Africa, has described the allegations as defamatory, arguing that the claims have tarnished its reputation and undermined its efforts to improve the working conditions and rights of its members across the country. The union is seeking financial compensation and a public apology from both the ANC and Mtolo to restore its public image and credibility.
The Context of the Lawsuit
The controversy began during a public address by Mtolo, where he reportedly blamed NEHAWU for the inefficiencies and substandard services citizens experience at government institutions like Home Affairs and SASSA. His comments were widely shared and debated on social media, sparking a strong response from NEHAWU.
In its lawsuit, NEHAWU contends that Mtolo’s remarks were not only unfounded but also damaging to the union’s standing among its members, the broader labour movement, and the general public. The union maintains that it has consistently advocated for better service delivery and working conditions in the public sector, making Mtolo’s accusations particularly harmful.
The union’s court filing, which was submitted on 12 August 2024, outlines several claims against both Mtolo and the ANC. NEHAWU is demanding R500,000 in damages for each of the four claims, bringing the total sought to R2 million. The claims also include a request for interest on the awarded amount, calculated from the date of judgment until the payment is made, as well as the costs of the lawsuit.
Additionally, NEHAWU is seeking a public apology from the defendants, to be issued through the same medium that disseminated the alleged defamatory statements. The union has stipulated that the apology should also be published in a national newspaper, ensuring that it reaches the same audience that was exposed to the original allegations.
Public and Political Reactions
The lawsuit has attracted widespread attention, both in political circles and among the general public. NEHAWU’s decision to pursue legal action against the ANC, a long-standing ally within the broader tripartite alliance that includes COSATU and the South African Communist Party (SACP), has raised eyebrows. Some political commentators have speculated that the case could strain relations within the alliance, particularly at a time when the ruling party is already facing internal divisions and external pressures.
On social media platform X (formerly Twitter), users have expressed a range of opinions on the matter. Some have criticized Mtolo’s comments, arguing that they were irresponsible and potentially divisive within the alliance. Others have defended his right to speak out on issues of public concern, suggesting that the lawsuit could have a chilling effect on free speech.
One user tweeted, “@BhekiMtolo’s comments are damaging, and NEHAWU is right to defend its reputation. Leaders should be held accountable for their words. #Defamation #JusticeForNEHAWU.” Another user took a different stance, tweeting, “Political rhetoric shouldn’t lead to lawsuits. We need open discussions, not court battles. #FreeSpeech #ANCvsNEHAWU.”
The ANC in KwaZulu-Natal has not yet issued an official statement in response to the lawsuit. However, sources within the party suggest that there is concern about the potential implications of the case, particularly if it leads to a protracted legal battle.
Legal Perspectives and Potential Outcomes
Legal experts have weighed in on the case, noting that defamation lawsuits involving political figures and organizations can be complex and difficult to resolve. The outcome will likely hinge on whether NEHAWU can prove that Mtolo’s statements were both false and harmful to its reputation.
“In defamation cases, the plaintiff must demonstrate that the defendant’s statements were not only defamatory but also untrue and made with malicious intent,” explained Advocate Zinhle Dlamini, a legal analyst. “If NEHAWU can provide evidence that Mtolo’s remarks were baseless and that they caused tangible harm to the union, they stand a good chance of winning the case.”
However, Dlamini also cautioned that defamation lawsuits can be challenging to win, particularly when the statements in question involve matters of public interest or political debate. “Courts are generally cautious about infringing on free speech, especially in the context of political discourse. The ANC and Mtolo may argue that his comments were part of a broader discussion on governance and service delivery, which could complicate NEHAWU’s case.”
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