Image: EUGENE COETZEE
The R1m defamation case against former Nelson Mandela Bay mayor Mongameli Bobani was postponed on Tuesday after the counsel for his accuser told the Port Elizabeth High Court that they are yet to receive any response from Bobani or his legal team.
Luyolo Nqakula instituted the claim after Bobani allegedly made comments aired on radio, a TV news channel and in print that were meant, according to Nqakula , to paint him as dishonest, corrupt, someone with no regard for the law and someone who cannot be trusted.
Nqakula, the ANC’s regional co-ordinator, denied the allegations and brought the suit after initially demanding that Bobani retract the statements he made on October 8 2019.
Bobani never apologised or retracted the statement.
Nqakula claimed that Bobani’s comments had tarnished his name as a leader within ANC structures and as a businessman.
On Tuesday, Nqakula's lawyer, Sinawo Makangela, asked judge Bulelwa Pakati to grant a default judgment regarding the merits of the matter in that Bobani was liable but that the amount he would have to pay would be determined at a later stage.
“My client seeks an order on the merits only, not a quantum amount at the moment,” Makangela said.
Pakati said she would not grant the application because it would take some time for her to make a decision.
She asked Makangela to leave his contact number with her secretary and said she would inform him when she had made her decision.