Testifying in camera at the Zondo Commission of Inquiry into State Capture on 1 October 2019, former Crime Intelligence (CI) officer, Dhanajaya Naidoo, alleged that the pin-free secret Crime Intelligence account had been abused in 2010 to fund the purchase of a Mercedes Benz ML350 worth R373,850 for Mthethwa’s personal use.

Mthethwa, said Naidoo, had utilised the vehicle for only a few months between 2009 and 2010 but had opted to hand it back because pesky journalists had allegedly been tailing him.

This is not the first time Mthethwa, a close Zuma ally, has been fingered at the Zondo Commission. In April 2019, former KwaZulu-Natal Hawks head, Johan Booysen, testified that money from the CI slush fund had been used to beef up security at Mthethwa’s home.

On 2 October, Mthethwa issued a statement through his lawyer Eric Mabuza, in which he threatened to sue Naidoo for the allegations.

“While I accept that leaders, whether in the public or private sectors, and indeed across civil society, must always be subject to scrutiny, it is regrettable and deplorable that there are those in society who have no regard for the truth or facts and will continue to peddle falsehoods for the purpose of besmirching and tarnishing the reputations of others, for reasons best known to themselves.

“I continue to trust in the efficacy of our institutions, certain in the assurance that justice always triumphs. I have instructed my lawyers to sue for defamation,” said Mthethwa in the statement.

Booysen, upon learning of Mthethwa’s intention to sue Naidoo, fired a shot over on Facebook, posting, “Bring it on, Nathi! One thing I assure you. You will not get me off your back. If you do sue it must be from your own pocket. No more taxpayer money for your private benefit. And if you fail, which you undoubtedly will, you will have to pay my costs from your own pocket as well. Let’s do this thing. I want to expose you publicly. I relish this one.”

History is littered with examples of defamation cases that have backfired on those who have initiated them.

For example, years ago, in the Cape Town Magistrate’s court, a senior manager in a provincial government department sued a minion for defamation but got much more than he bargained for.

That’s the thing about defamation actions, things float to the surface that are previously hidden in the sewage pipes of everyday life. In court, these are then tested, probed and opened to public scrutiny.

In that instance, the minion had photocopied a snapshot of two copulating lions and had used the slogan for Lion Lager, a popular beer at the time. The slogan was “Down a Lion, feel Satisfied”, and the minion had scrawled the names of his boss and his alleged mistress across it.

The minion had been badly treated by his boss and this was his attempt at getting back at him by exposing an illicit affair with a fellow colleague. Suffice to say, the defamation action backfired badly for the boss.

In court it emerged that the boss had been abusing state resources to facilitate office-hour trysts, including establishing a love nest on the roof of the building in which he worked. There he had installed a bed and a braai where he and his mistress could frolic in private during work and lunch hours.

In the end, what came out in the wash during the “Down a Lion” saga resulted in the vindictive boss losing his job, and of course, his wife discovering his affair.

It would be in the public interest for the scandals surrounding Mthethwa to be aired in public. He was, after all, the Minister of Police when former CI head, Richard Mdluli, allegedly plundered taxpayers’ money, employing family members, buying air tickets at our expense and enjoying several holidays across the globe.

Apart from that, the Zondo Commission has heard how we taxpayers purchased several homes for Mdluli, a former apartheid-era security policeman, who became a close confidant of Jacob Zuma.

Should Mthethwa opt to continue with his court action, it would be prudent, as Booysen has pointed out, for him to do so out of his own pocket.

After all, there appears to be very little left in the kitty warranting any further unnecessary damage to the public purse. And Mthethwa, it seems, is very confident of a court win. Your move, Minister. DM