Enoch Godongwana bribe claims are ‘unlawful, spurious’, court finds

Finance minister Enoch Godongwana has won the first part of his civil claim against controversial businessman Mthunzi Mdwaba over allegations that the former solicited a R500m bribe in return for a R5bn tender.

In his judgment issued on Friday, Johannesburg high court judge Dario Dosio said the allegation against Godongwana is defamatory and false.

The minister “is a victim of a vicious assault on his dignity”, Dosio said.

“The high-water mark of [Mdwaba's] case is hearsay, scant and far-fetched evidence.

“The spurious allegations not only affect [him] but also the office he holds.

“It is declared the allegations made [about Godongwana] in the statement, specifically that he was party to the solicitation of a bribe from [Mdwaba] or his company, are defamatory and false. [His] publication of the statement is unlawful.”

The judge also interdicted Mdwaba from repeating the claims against Godongwana.

“The quantification of damages, an apology and retraction of the statements is referred to for oral evidence,” he said in his judgment.

In an urgent application lodged with the court last week, Godongwana sought a retraction and damages of R1m from Mdwaba, arguing his allegations had a severe impact on his public persona.

Dosio cited interviews conducted by Mdwaba with television and radio stations, saying he not only repeated untested information allegedly relayed to him during a meeting with unnamed people at a Sandton restaurant, he also went as far as to infer corruption on the part of the minister.

“The failure [by Mdwaba] to establish if what ‘T' and ‘J’ told him was substantially true is fatal to this defence. The public cannot be expected to believe these statements where there is no proof to substantiate the allegations.

“No serious businessperson could have taken what happened at the restaurant Codfather during the night of May 19 2023 as ‘evidence’,” he said.

Dosio said Godongwana, who he described as having “a long history of contributing to the society”, and his family had been subjected to abuse on social media, and accused of corruption by the public as a result of the allegations.

“The more serious the charge, the more the public is misinformed and the individual harmed, if the allegation is not true,” he said.

“The respondent has more than 12,000 followers on X and he wields considerable public influence, which in the absence of substantiated facts and untruthful allegations can and has caused serious damage to the dignity of the applicant.

“The relentless spreading of these statements shows an intent to injure. Dignity is not only a value fundamental to the constitution, but it is also a justiciable and enforceable right that must be respected and protected.”

The matter related to claims made by Mdwaba, in several broadcast interviews as well as to a Sunday newspaper, that an ambitious job creation scheme that would have cost the Unemployment Insurance Fund (UIF) R5bn was stopped because labour and employment minister Thulas Nxesi, together with Godongwana and higher education minister Blade Nzimande, wanted R500m in “gateway fees” from him.

Implementation of the agreement between his company Thuja Capital and the UIF was halted by Nxesi last January after the Sunday Times blew the whistle on the project, which has been described as a “get rich quick scheme” by labour and commentators.

Mdwaba has previously denied any wrongdoing, saying: “We as a country have failed in creating jobs, and what we need is innovative, disruptive and creative models to change things and ensure impact.”

In court papers Mdwaba repeated the version he had told media that the intelligence officer, who he tagged as “J” and refused to identify because the matter allegedly involved cabinet members and ANC secretary-general Fikile Mbalula, invited him to a meeting at a restaurant in Sandton with Godongwana last May. At the meeting he was introduced to three men, including “T”, who told him he was “persona non grata” within the ANC and cabinet because he was considered to be aligned to former president Jacob Zuma.

“They then moved onto the Thuja contract and advised it was important for me to understand the ANC had no money and required money for the 2024 elections.

“They also mentioned their principals were in all likelihood not returning after the 2024 elections and needed funds.”

On social media platform X, Mdwaba described the decision as "bizarre", adding he and his legal team were studying the judgment.

TimesLIVE