NPA wins defamation showdown

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By Teboho Moloi

BLOEMFONTEIN – A self-proclaimed SAPS whistleblower and human rights defender has suffered a major legal setback after the Bloemfontein High Court ruled in favour of the National Director of Public Prosecutions (NDPP), ordering her to remove defamatory social media posts, issue a public apology and pay legal costs.

The judgment, handed down on Thursday, 18 June, found against former SAPS employee Patricia Morgan-Mashale following a defamation application brought by the National Prosecuting Authority (NPA).

The court ordered Morgan-Mashale to immediately delete the Facebook posts at the centre of the dispute, refrain from making further defamatory publications against the NPA and its officials, publish a formal apology, and cover the costs of the legal proceedings.

The matter stemmed from a series of social media posts published during 2025 in which Morgan-Mashale allegedly made serious allegations against the NDPP and NPA prosecutors.

NPA national spokesperson Kaizer Kganyago said the authority had repeatedly requested evidence to substantiate the allegations.

“At all times, we requested her to provide proof of her allegations. The NPA’s Office for Ethics and Accountability (OEA) even assigned an investigator to assess all the evidence she claimed to possess in support of her allegations,” said Kganyago.

“However, she never provided such proof and continued making damaging accusations that impugned the dignity and reputation of prosecutors.”

According to the court order, the Facebook posts were declared defamatory, unlawful, false and intentionally harmful to the dignity and reputation of the NDPP and affected NPA officials.

Kganyago said the court further interdicted Morgan-Mashale from publishing or disseminating similar allegations on social media platforms, in newspapers or through any other public medium.

“She is ordered to immediately and permanently remove the original Facebook publications and publish a formal apology to the NDPP, affected prosecutors and NPA officials within seven days of the granting of the order,” he said.

The apology must remain visible on her Facebook page for a period of 60 days.

National Director of Public Prosecutions, Advocate Andy Mothibi, welcomed the judgment, saying freedom of expression must be exercised responsibly and within the limits of the law.

“While we fully appreciate and respect the constitutional right to freedom of expression, that right carries a corresponding responsibility to respect the dignity and rights of others and not to violate those rights unjustifiably,” said Mothibi.

He warned that the NPA would continue to use all lawful means available to protect prosecutors and officials carrying out their duties in upholding the rule of law and administering justice.

The NPA also confirmed that it will continue monitoring Morgan-Mashale’s social media activity to ensure full compliance with the court order.

The ruling is being viewed as a significant victory for the NPA in its efforts to combat what it describes as false and damaging attacks on prosecutorial officials and the integrity of the justice system.

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