‘WAXOLA’ SUES WIFE FOR E350 000

MBABANE – After he was acquitted and discharged by the court, businessman Mxolisi ‘Waxola’ Mabuza, is now suing his wife Dr Nompumelelo Tiri Thwala, for alleged defamation.

The well-known Manzini businessman wants the court to direct Thwala to pay him a sum of E350 000 as compensation for humiliation, discomfort and defamation of character. Mabuza was facing a charge of contravening Section 77 (1) (a) of the Sexual Offences and Domestic Violence (SODV) Act No.15 of  2017, in that on March 31, 2020, while in Manzini, he  allegedly physically assaulted his wife by strangling her on the neck and further manhandling her. The court, after hearing evidence of both parties, then acquitted and discharged him.
In his particulars of claim, Mabuza claimed that in March 2022, he was allegedly defamed by the defendant (Thwala) and as a result he suffered damages emanating from the defamation. According to the plaintiff, she allegedly accused him of having assaulted her and that he was a violent person.  

Defamation

Other proponents of the case will not be published as Mabuza is suing for defamation. He narrated to the court that he later appeared at the Manzini Magistrates Court and while being led in examination in chief, Thwala re-emphasised her untrue testimony.  Mabuza submitted that he was later acquitted and discharged of the offences. He averred that the piece of evidence was captioned in the daily newspapers circulating in the country and all over the world.  

“The defendant’s utterances as well as testimony in that regard were devoid of the truth and were intended to injure my reputation and business enterprise. I never assaulted the defendant nor physically and emotionally abused her in anyway whatsoever to an extent to warrant that she can falsely accuse and testify about same,” reads part of Mabuza’s particulars of claim.
These are allegations whose veracity is still to be tested in court and the defendant is yet to file her papers. The businessman contended that the allegations by the defendant against him were purportedly uttered by the defendant and were read by people in the Kingdom of Eswatini and abroad. It was further his contention that the allegations or utterances by Thwala connoted that he was a criminal who engaged in activities of domestic violence and not respect the law.

Dangerous

He further alleged that the statements of utterances by Thwala portrayed him as someone who was dangerous and untrustworthy to be around with.   Mabuza argued that he was defamed by the utterances in his personal integrity, reputation in the public eye and esteem. He went on to allege that the utterance by Thwala dealt a great blow in the eyes of the public as a businessman and a former mayor of the Manzini Municipal Council. “Further the plaintiff has suffered in his business enterprise to the extent that he has lost two contracts in his transport business and no business entity wants to associate itself with him after the allegations were captured in the newspapers,” alleged the plaintiff.

In his particulars of claim, Mabuza further submitted that the defendant was liable for the alleged degrading utterances she made against him in the sum of E350 000. He claimed that, notwithstanding lawful demand, the defendant failed, refused and/or ignored to pay him the aforementioned amount. The matter is still pending in court and appearing for the plaintiff is Machawe Dlamini of M.V Dlamini Attorneys in Manzini.

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