Ntshavheni faces legal action over misinformation claims against Solidarity
Image: Itumeleng English / Independent Newspapers
Minister in the Presidency, Khumbudzo Ntshavheni, has not indicated whether she will withdraw her assertions about the spreading of misinformation by Solidarity, but stated that she will consult with her legal team if she receives any legal papers from the organisation.
Solidarity said it had launched legal action against the minister accusing her of defamation over her claims of spreading misinformation.
The minister has been given seven days to withdraw a media statement made on March 27, 2025, and offer an unconditional apology to Solidarity for reputational damage.
In a formal legal notice served to Ntshavheni, the organisation's CEO Dirk Hermann demanded that she apologise or face defamation and treason charges; failure to do so would result in the union pursuing more legal charges.
The controversy began when Ntshavheni accused Solidarity and AfriForum of waging a "misinformation and disinformation campaign" during their joint visit to the US.
Hermann described the accusations as absurd and part of a campaign to deflect attention from diplomatic relations between South Africa and the US.
"It all started on the 3rd of February when the ANC said in a press release that AfriForum was guilty of spreading misinformation," Hermann said.
Hermann further emphasised that Ntshavheni's accusations were made without evidence, yet she used them to justify law enforcement action against Solidarity and AfriForum.
"Without providing any facts, the minister in the presidency said that the cabinet takes note of the continued misinformation and that the acts of treason cannot be left unpunished," Hermann added.
The situation escalated when Ntshavheni described Solidarity's actions as "treasonous" and a threat to national sovereignty.
She proposed the regulating of civil society organisations, which Solidarity views as an attack on freedom of speech and association.
Law enforcement agencies are currently investigating treason charges against Solidarity and AfriForum based on Ntshavheni's allegations.
Solidarity has denounced Ntshavheni's statements, calling them an attempt to silence organisations that challenge prevailing state ideologies.
Hermann warned that if Ntshavheni fails to meet their demands, further legal action will follow.
"This unfounded narrative needs to stop before the real problems can be addressed," Hermann said.
The legal action against Ntshavheni comes amid strained diplomatic relations between South Africa and the US. The US had expelled former South African ambassador Ebrahim Rasool in March, declaring him persona non grata for criticising Trump.
The appointment of a new ambassador is still pending, with Mcebisi Jonas serving as special envoy to the US.
Independent legal expert Shadrack Moyo said Solidarity may have a case if they are able to prove that Ntshavheni's assertions were damaging to the organisation.
'If the organisation is able to show the court that they suffered reputational damages, then they may have a case and Ntshavheni may be forced to apologise to the organisations. But they would have to prove that (beyond reasonable doubt),' Moyo said.
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