The protection order prohibited Ngwenya from contacting or threatening Titi and Patel.
"The accused was conscious to the prohibitions of the protection order. Thus there is no escaping the conclusion that the alleged threats are a fabrication that was designed to get the accused arrested as part of the bigger existing fallout between the parties," Buthelezi argued.
According to Buthelezi, Ngwenya's actions were calculated in that he had asked to speak to Josiah Ndlovu and did not ask to be taken to Patel and Titi's offices.
If he wanted, Ngwenya could have gone to Patel and Ngwenya's offices as he was chair of MRC Media, Buthelezi argued.
"Even more improbable is that such a threat [that he would kill Titi and Patel] would be made directly to Titi and Patel’s personal assistant at the business premises of MRC."
Buthelezi also argued that Ngwenya did not in anyway impair Titi's dignity by calling him a "QwaQwa k****r".
"The word can never be evaluated in isolation, it has to be placed in the context within which it is used," Buthelezi said.
According to Buthelezi, the word k****r was only used to describe Titi's conduct and not to impair his dignity.