RETIRED Judge Frans Kgomo’s defamation case against former North Cape ANC provincial chairperson John Block has been dismissed.
The Northern Cape High Court found no merit in the case, saying Kgomo raised the matter more than two years after the allegations were made.
This was after Kgomo last year filed a lawsuit of R7.1 million against Block and his two legal representatives in a defamation action.
This stems from Block’s corruption trial, in which he alleged in an affidavit that Kgomo had told the presiding officer: “Convict the bastard”.
Block reported the matter to the office of the Chief Justice in December 2016.
Kgomo claimed that he was defamed when Block stated in an affidavit during his 2016 trial before Judge Violet Phatshone that he had exerted undue influence on her as presiding officer.
The alleged defamatory statement against Kgomo was alleged to have been made during Block’s trial as a special entry before the verdict was delivered.
The court said it was unable to find that Block was complicit.
However, one of his legal representatives (a second defendant) was ordered to pay R150 000 for damages.
This was after Kgomo’s legal representatives argued that the statement made to the office of the Chief Justice was defamatory to Kgomo. The lawyers said the statement suggested that Kgomo sought to influence the preceding judge in the criminal proceedings to convict Block when the conviction was not warranted on the evidence presented.
“By acting in the way it was alleged, the plaintiff (Kgomo) would have obstructed or interfered with the administration of justice. This conduct, as described would, have meant that the plaintiff acted in a manner unbecoming of a Judge of the High Court and that he was not a fit and proper person to hold such position and less so as a Judge President,” read the court documents.
In his complaint in 2016, Block said he heard of the allegations from two attorneys of the record in his criminal trial at a meeting at the Protea Hotel in Kimberly.
He said the extent of the information received and conveyed pertained to the following: “A black judge, in the presence of the Judge President of the Northern Cape, Judge President Kgomo, overhead a telephonic conversation between the presiding judge in this matter, Judge Phatshoane and Judge President Kgomo,” read the affidavit.
“Judge Phatshoane conveyed to Judge President Kgomo that she does not have to convict me, John Block, on the charges arraigned on before her.”
Block said the conversation, which resulted in Phatsoane succumbing to the pressure exerted on her to convict him, had taken place at some stage after an argument by legal counsel on May 20, 2015, and the delivery of judgment on October 13, 2015.
Block, a former MEC for Transport, Roads and Public Works, was jailed for corruption linked to office leases for government departments at inflated prices.
Following the allegations, Kgomo sent letters of demand to Block and his legal representatives in February 2019. However, the three ignored the letters, which led to Kgomo filing a lawsuit last year.
He said this version was fabricated.
During the first hearing last year, Block’s lawyers said the actions of Kgomo were tantamount to a strategic lawsuit against participation (SLAPP). However, Kgomo said Block acted for an improper purpose and with no belief in the truth and that the statement was reckless whether true or not.
He told the court that there was no reasonable factual basis or foundation supporting what was contained in the statement.
Block’s lawyers also argued that he could not be held liable for the publication of the defamatory statements, adding that the alleged telephone conversation was published to him by his attorney in the presence of senior counsel.
The lawyers said Block had no reason to doubt the information.
The lawyers said that the publication of the statement was done by the trial judge, not Block. They said there was no merit in the Kgomo’s argument as this was not the case pleaded.
In his judgment, Judge Nathan Erasmus said he was unable to find that Block was complicit in the evidence provided to him.
Erasmus added that he was also of the view that Block acted reasonably and that he was unable to find that there was an ulterior motive.
“For the reasons stated above I am of the view that the claim against the first and third defendant (Nano Matlala) should be dismissed and that the second (Anna Mjila) defendant be held liable for the defamation and the attendant damages,” said Erasmus.