Democratic Alliance MP Mlindi Nhanha has won a defamation case against the National Prosecuting Authority, with the Eastern Cape High Court ordering the NPA to pay him R300 000 in damages.
Acting Judge Molony delivered the judgment in Makhanda on 17 February, after a civil trial heard in September 2025. Nhanha had originally claimed R1 million in damages.
The case centred on a media statement issued by the regional spokesperson of the Director of Public Prosecutions in April 2021, when Nhanha was charged with attempted murder.
According to media reports at the time, the NPA statement alleged that Nhanha became violent towards his brother-in-law, took a firearm from the brother-in-law’s car and shot at him, but missed. Nhanha appeared in court and was released on R500 bail.
The charges were withdrawn in June 2021, but Nhanha proceeded with his civil claim over the NPA’s media statement, which he argued was defamatory.
The NPA has now said it is seriously considering appealing the judgment, describing it as precedent-setting and potentially affecting how prosecutors communicate about criminal matters in future.
“Upon reading of the judgment, we take the firm view that there may be aspects of the findings made by the Honourable Judge that may require serious consideration by the NPA because the judgment is likely to set a precedent,” the NPA said in a statement.
“In addition to being precedent setting, the judgment may have a bearing on how NPA’s spokespersons approach communication in criminal matters in future.”
The National Director of Public Prosecutions and the Director of Public Prosecutions for the Eastern Cape Division, who were both cited in the proceedings, are seeking a legal opinion on the prospects of success before deciding whether to lodge an appeal.
