Court rejects evidence in Phosa defamation case

2016-05-12 13:17
Mathews Phosa in court (Karabo Ngoepe, News24)

Mathews Phosa in court (Karabo Ngoepe, News24)

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Pretoria - The High Court in Pretoria on Thursday struck off the record testimony of a woman who claimed Mathews Phosa had told her that Mpumalanga Premier David Mabuza was instrumental in her mother’s murder.

Judge Bill Prinsloo found Nonhlanhla Khoza’s evidence was not permissible in the R10m defamation lawsuit Mabuza had brought against politician-turned-businessman Phosa.

Khoza had testified that Phosa shared information that Mabuza was an apartheid spy and had provided the information that led to assassin Eugene de Kock shooting and killing her mother, Portia Shabangu, in 1989.

Phosa’s legal team objected, saying they had been ambushed by the testimony and had not been able to prepare a defence.

"The objection is upheld. The evidence of Miss Khoza dealing with the alleged statement that the plaintiff [Mabuza] played an instrumental role in the alleged murder of Shabangu is struck off the record," said Prinsloo.

The case relates to a top secret report that Phosa, the ANC’s former treasurer, handed to party leaders. According to the report, Mabuza was an apartheid government informer, agent PN485, who spied on ANC leaders, including Phosa, during South Africa’s liberation struggle.

Mabuza has denied the allegations.

The court heard how Phosa had given the report, which he claimed to have come across, to ANC deputy secretary Jessie Duarte. Duarte apparently forwarded it to ANC leaders Cyril Ramaphosa, Zweli Mkhize, and Gwede Mantashe.

Mabuza's legal team accused Phosa of fabricating the report and disseminating it to discredit him.

Phosa admitted to having the report sent to Duarte, but denied fabricating or further disseminating it.

Read more on:    anc  |  david mabuza  |  mathews phosa  |  mbombela

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