THE "shoot to kill" remarks by former police commissioner Bheki Cele have come back to haunt him - he lost a defamation lawsuit against Sowetan.

He sued the newspaper for R200000, but after he lost and had his application for leave to appeal dismissed by the Supreme Court of Appeal and the Constitutional Court, he will now part with more than twice that amount.

Cele, now deputy minister of agriculture, had complained about the publication of a digitally altered picture of himself carrying a rifle (pictured).

The picture, published in 2007 when he was KwaZulu-Natal community safety MEC, was accompanied by articles attributing the phrase "shoot to kill" to Cele.

Cele had argued the image defamed him and infringed on his dignity because that was not how he would normally present himself.

He also argued that the gun in the picture was not the type of gun he carried. But the judge ruled that a reasonable person would understand the altered image in the context of the statements made in the articles - that he was taking a no-nonsense stance on violent crime.

The "shoot to kill" remark, was made a day after crime statistics showed that violent crime in KwaZulu-Natal had increased. A few days later after the comments police shot dead eight suspects in separate incidents in the province.

Cele had denied having made the remark, saying he said police must use "deadly force" and "aim for the head".

What was published by Sowetan, Cele argued, was untrue and painted him as a person with murderous intent and who led to police killings.

But his arguments were described as "ill-conceived" by Judge Fayeez Kathree-Setiloane of the South Gauteng High Court in Johannesburg. "Whether one uses the term 'aim for the head', 'use deadly force' or 'shoot to kill', their meaning and import is the same."

The uncontested evidence demonstrates that the plaintiff had on numerous occasions . used language with the same import as 'shoot to kill'," reads the judgment.

"I find on a balance of probabilities that the plaintiff made the statements."

Cele's application for leave to appeal was dismissed with costs by the Supreme Court of Appeals and the Constitutional Court.

In addition to his own legal costs, Cele has to settle Sowetan's bill, estimated at R400000.

It could not be established whether Cele had used state funds for his litigation. Cele could not be reached for comment.

The KwaZulu-Natal community safety department was cagey when asked if the state paid for Cele legal fees.

Spokesman Kwanele Ncalane told Sowetan a decision had been taken not to release any details around the matter.

Department of Justice spokesman Mthunzi Mhaga said: "The department facilitates legal representation upon request by relevant departments but the money for legal representation services comes from that department [which needs the services] and it it their responsibility to recoup the money."

nhlabathih@sowetan.co.za

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