BREAKING: Joburg High Court rules Zakhele Zuma's R40 million allegations against Gwede Mantashe are defamatory

IOL News

17-07-2025

Mineral and Petroleum Resources Minister Gwede Mantashe. The High Court ruled in his favor in a defamation case involving social media allegations.
The Johannesburg High Court has ruled that allegations made by Zakhele Zuma against Minister of Mineral and Petroleum Resources Gwede Mantashe, claiming he received R40 million from East Rand Proprietary Mines (ERPM) intended for miners, are false and defamatory.
The court found that Zuma's claims, which were posted on TikTok and other social media platforms, were without merit.
The ruling followed an urgent application filed by Mantashe in June, seeking to interdict Zuma from making the allegations.
Mantashe previously filed a crimen injuria case at the Brooklyn Police Station in Pretoria in June after Zuma publicly accused him of failing to pay out R40 million in settlement funds.
According to reports, when ERPM was liquidated in 1999, approximately 4,000 workers were affected.
Many of them had worked under dangerous conditions, and there were claims that the National Union of Mineworkers (NUM), then under the leadership of Mantashe - received the settlement packages on the workers' behalf and promised to invest the money for them.
Mantashe has repeatedly denied these claims.
In court papers, Mantashe argued that Zuma continues to publish false and defamatory statements and has failed to provide evidence or lay criminal charges.
Mantashe contended that the allegations have harmed his constitutional right to dignity and the integrity of the office he holds.
'These are serious allegations which impugn his constitutional right to dignity and the reputation of the office that he holds,' the court papers stated.
Mantashe also alleged that Zuma's statements incited hostility and endangered his safety, as former ERPM workers were led to believe he had retained the funds meant for them.
He further stated that Zuma's failure to offer any proof, or to offer him an opportunity to respond, made the claims even more damaging.
The minister said the ongoing publication of the allegations has impacted both his public standing and professional responsibilities.
Mantashe has served as Minister of Mineral Resources and Energy since 2018 and currently holds the portfolio of Mineral and Petroleum Resources.
He is also the national chairperson of the African National Congress (ANC).
He sought a court order declaring the statements false and defamatory, directing Zuma to issue a retraction, prohibiting Zuma from repeating the allegations, and ordering damages.
Zuma opposed the application and denied the allegations of defamation.
However, the court heard that he failed to address the issue of legal costs.
'I have not heard the parties on costs; I will reserve the question of costs,' Justice Janse van Nieuwenhuizen said.
Van Nieuwenhuizen ruled that Zuma's statements are 'unlawful' and prohibited him from repeating the allegations or implying that Mantashe received R40 million from ERPM.
'It is declared that the respondent's publication of the statements is unlawful,' Van Nieuwenhuizen said.
He said the quantification of damages and the terms of the retraction will be determined through oral evidence at a later stage.
'A retraction of the statements is referred to as oral evidence. The costs of the urgent application are reserved,' Van Nieuwenhuizen added.
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