NPA CONSIDERS APPEALING THE PRECEDENT SETTING DEFAMATION JUDGMENT

20 February 2026

NPA CONSIDERS APPEALING THE PRECEDENT SETTING DEFAMATION JUDGMENT

The National Prosecuting Authority (NPA) has noted with concern the judgment delivered by Acting Judge Molony before the Eastern Cape Division of the High Court, Makhanda on 17 February 2026. The judgment follows a civil claim of defamation instituted by a member of parliament representing the Democratic Alliance in the Eastern Cape, Mr Mlindi Nhanha relating to a criminal case dating back to April 2021.

In his civil action, he complained about the defamatory nature of a media statement drafted and issued by the Regional Spokesperson of the Director of Public Prosecutions (DPP), in the Eastern Cape Division. After a civil trial that was heard in September 2025, Molony AJ found against the NPA and ordered that Mr Nhanha be paid an amount of R300 000.00 although in his summons he had claimed R1000 000.00 in damages.

Upon reading of the judgment, we take the firm view that there may be aspects of the findings made by the Honourable Judge that may require serious consideration by the NPA because the judgment is likely to set a precedent. In addition to being precedent setting, the judgment may have a bearing on how NPA’s spokespersons approach communication in criminal matters in future.

It is on that basis that the National Director of Public Prosecutions (NDPP) who was cited in the proceedings together with the DPP, are seriously considering appealing the judgment after obtaining a legally sound opinion on the prospects of success on appeal.

Enquires:

Luxolo Tyali

Regional Spokesperson

Eastern Cape Division

Tel: 047 501 2630 

Cell: 073 555 9292 

Email: ltyali@npa.gov.za