Defamation claim dismissed for lack of evidence

The Matala Local Court has dismissed a defamation case brought by Mofolo Sethathi of Ha-Abia, who accused a fellow villager, ’Mantoetse Mohale, of publicly branding him a thief.

Sethathi told the court on Tuesday this week that rumours had circulated in Ha-Abia alleging that Mohale had accused him of stealing her bricks. He said he initially ignored the allegations until he received a summons from the Chief of Ha-Abia to attend a hearing over the matter.

At the chief’s hearing, Mohale allegedly repeated that she suspected Sethathi of taking her eight missing bricks.

The chief then ordered a search of Sethathi’s home, appointing villagers experienced in identifying different types of bricks to conduct the investigation.

Sethathi testified that the search was carried out in front of a large crowd of villagers who openly accused him of theft. The atmosphere, he said, was tense and humiliating, as many residents appeared convinced of his guilt. However, the search party found no bricks belonging to Mohale on his property.

Following the fruitless search, the parties returned to the chief, who advised them to resolve the matter amicably. Mohale apologised, but Sethathi rejected the apology, arguing that the public accusations had tarnished his reputation beyond repair.

Sethathi told the court that being called a thief had caused villagers to lose trust in him, costing him part-time jobs and damaging his standing in the community. He insisted that Sethathi should compensate him for both the humiliation and the financial harm he claimed to have suffered.

In her defence, Sethathi denied ever calling Sethathi a thief. She said she had only expressed suspicion because he works with bricks in the village and that she apologised once it became clear he had not taken them.

Court President Malepene Ntlobo ruled that Sethathi had failed to provide sufficient evidence to substantiate his claim.

Ntlobo found that expressing suspicion does not amount to defamation in law.

She concluded that Mohale’s apology and the absence of evidence against her meant there was no case to answer, and she dismissed Sethathi’s claim.