Suitability of Maphatsoe as MKMVA chair under the spotlight in R1m defamation claim

23 August 2016 - 17:40 By Ernest Mabuza

The suitability of Kebby Maphatsoe as chairman of the uMkhonto we Sizwe Military Veterans Association (MKMVA) came into sharp focus as the defamation case against him continued on Tuesday. Ronnie Kasrils‚ the minister of intelligence from 2004 until he resigned in 2008‚ is suing Maphatsoe for R1 million for defamatory statements he made against him in 2014.  Kasrils said the statements were made to defame him and injure his reputation. Maphatsoe accused Kasrils‚ who had been involved in the uMkhonto we Sizwe (MK) -- the armed wing of the ANC -- from its inception in 1963 until its disbandment in 1994‚ for being a counter-revolutionary and an enemy of the people.  The issue of Maphatsoe's suitability arose when Kasrils mentioned during his testimony in the high court in Pretoria that it was a well-known fact that Maphatsoe lost his arm after deserting uMkhonto we Sizwe in Uganda.  Counsel for Kasrils Dali Mpofu SC asked whether Maphatsoe‚ if he deserted uMkhonto we Sizwe‚ would be in a position to speak for the MKMVA. This drew an objection from Maphatsoe's advocate Mashudu Tshivhase‚ who asked about the relevance of this line of question. Judge Piet Meyer provisionally allowed this line of questioning. Mpofu then read to Kasrils the uMkhonto we Sizwe Military Code‚ which described the conduct expected of an MK member. One of the offences listed was desertion. Mpofu asked whether a person who was a deserter could be regarded as having brought the MK into disrepute. Kasrils said desertion was "a very high crime". Mpofu said he was going to argue that Maphatsoe did not qualify to be a member of the MKMVA. When Maphatsoe made the statements against Kasrils in 2014‚ he was condemning the "Vote No" campaign orchestrated by Kasrils and other former MK members.Maphatsoe accused Kasrils of being an enemy of the people and of giving instructions to the woman who accused President Jacob Zuma of rape in 2005. Kasrils said although he was prepared to accept an apology from Maphatsoe in 2014‚ the gravity of the consequence of his statements had been increasing week by week. He said by suing for R1 million‚ he had erred on the generous side. "All I was looking for was an apology. I would have put a figure at a higher level," Kasrils said. The trial continues...

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