Nelson Mandela Bay mayor says hair sales, not illicit funds, triggered Capitec compliance check

Nelson Mandela Bay mayor Babalwa Lobishe has approached the Gqeberha High Court to interdict former Good party regional chair Siyanda Mayana over claims that her bank account was frozen because of alleged illicit funds.

The case, originally scheduled for Tuesday, 10 February, has been postponed to Friday after Mayana’s lawyers requested more time to prepare their response.

While Lobishe says the claims constitute defamation, Mayana said on Tuesday that he stands by his claims but has been advised by his legal team to not to speak further on the matter.

Mayana posted on his Facebook account in January that Lobishe’s Capitec Bank account had been frozen in December because of illicit funds that had allegedly been deposited in her account.

He later registered an inquiry for investigation with the Hawks, to probe the reasons for the freezing of her account and the source of the funds, which he claims were from the ANC’s headquarters, Luthuli House.

Mayana also accuses Lobishe of leasing a R25-million municipal transformer to a private company Coega Steels, without a council resolution and after she was advised against the move by the metro’s chief executive officer, Jackson Ngcelwane, last year.

The transformer matter is currently in court awaiting judicial review after the municipality sought a legal opinion.

Read more: ANC Integrity Commission to quiz NMB mayor over ‘unauthorised lease’ of R25m transformer

Lobishe’s interdict application

In an affidavit contained in the interdict application filed on 6 February, Lobishe argues through her lawyers, Vimba and Associates, that she runs a small business that sells synthetic hair.

“The respondent alleges that my personal bank account was frozen and implies that such circumstance is indicative of corruption or financial impropriety on my part,” reads the motion.

“I confirm that I lawfully conduct a small business as a form of income generation, including the sale of retail products such as hair. There is nothing unlawful, unethical or improper about a public representative conducting a small business, provided that it is lawful and properly declared where required.”

Lobishe maintains that her personal bank account has not been frozen but has in fact been temporarily paused for transactional purposes, in accordance with routine compliance and verification processes conducted by Capitec in terms of the Financial Intelligence Centre Act (Fica), arising from business-related transactions.

“The respondent’s allegations therefore either constitute reckless fabrication, or are based on unlawfully obtained information. In either event, the publication of such information is wrongful, unlawful and malicious.”

Mayana’s Facebook posts

Mayana posted on Facebook on 19 January that Lobishe received about R450,000 in transactions, affecting her bank account which is still temporarily on hold.

He wrote: “I’m tired of pretending. Why are your bank accounts frozen, Babalwa Lobishe?”

In another post, he wrote: “I received the money from Luthuli House, I don’t know why they sent me the money. Allegedly, that’s the mayor’s explanation.”

Later that day, Mayana alleged in a post that Lobishe received R65,000, R80,000 and R250,000 on 18 December.

The following day, Mayana posted: “Babalwa Lobishe, did you receive R450,000 in your Capitec account in December 2025?”

The court papers read: “It is declared that the applicant’s [Lobishe] right to dignity, in particular her right to reputation and to a good name, has been unlawfully infringed by the respondent’s [Mayana] continued publication of defamatory statements concerning the applicant on the internet and social media the offending statements,”

Lobishe seeks to interdict Mayana from continuing to publish the offending statements, or any statements that repeat or imply some of the allegations, that Mayana be directed to remove the statements from his social media platforms, publish an unconditional public retraction and apology for the allegations about Lobishe and pay for the legal costs.

“The offending statements have injured my reputation and my good name in the eyes of the public. Accordingly, my right to dignity, guaranteed by the Constitution has been violated, and continues to be violated for as long as the offending statements remain on the internet,” Lobishe said in her affidavit.

“The offending statements relating to my alleged criminality and corruption are a personal attack on me, which also has the potential to negatively affect the public trust in my leadership of the ANC and the municipality, which has exposed me to public ridicule and scorn, which has and continues to damage my personal and professional standing, and which has and continues to interfere with my official duties as mayor.”

In the affidavit, Lobishe referenced statements by Mayana in relation to the controversial leasing of the R25-million transformer to Coega Steels and a subsequent media briefing he called to address his claims.

“She looks like she’s taking an oath to commit criminality. There goes the criminal who happens to be our mayor. The criminal is going down soon,” Mayana posted on Facebook.

“I am happy you will be resigning soon. You are incompetence personified. We deserve better,” he posted.

‘False and malicious’

According to Lobishe’s affidavit: “In the context of the respondent’s offending statements as a whole, the offending statements were intended to mean, and were understood by the ordinary reader to mean, that I am involved in corrupt criminal and unlawful activities, that I was a party to, through my appointment as the mayor, the orchestrator of unlawful, secret and corrupt transactions and not only that, that I failed to declare my role in this unlawful, secret and corrupt transaction(s), meaning that I had probably deceived the local community.

“I deny these allegations completely. I am not corrupt, a criminal nor incompetent. I have also not been involved in any similar or related conduct, whether before or after my appointment as mayor. The offending statements are therefore manifestly false and malicious."

Lobishe could not be reached for comment. DM