Controversial music executive and social media influencer Nota Baloyi is seeking to have DJ Black Coffee’s legal action to have him arrested for an alleged contempt of court violation declared invalid.
The world-renowned DJ, whose real name is Nkosinathi Maphumulo, obtained a Johannesburg high court judgment in December ordering Baloyi to make an apology for comments he made in September on the popular podcast SA Hub pertaining to Maphumulo’s financial activities.
During the podcast, Baloyi allegedly said Maphumulo was involved in dubious financial actions during his divorce from television personality Enhle Mbali Mlotshwa.
Baloyi’s refusal to apologise led Maphumulo to file a contempt of court application at the same court on January 27, arguing that Baloyi should be arrested for a period of 60 days.
“It is apparent that Baloyi regards himself as above the law and holds the view that he is entitled to act in contravention of a binding order of the court simply because he disagrees with it,” read Maphumulo’s application.
Baloyi has filed a notice to oppose the contempt of court application, arguing it amounts to an abuse of process.
Baloyi filed the notice on February 16, stating that he was aware of the prevailing court order and had deleted all social media references to Maphumulo.
“Since early December, I have made no further publications or statements naming Maphumulo on any platform. He is fully aware of my compliance with the cease-and-desist aspects of the order and my appeal when this contempt application was launched,” read the notice.
He argued that the order in favour of Maphumulo was still subject to an appeal process that he lodged in December.
“In any event, contempt of court requiring committal is a criminal matter that must be proved beyond reasonable doubt. Maphumulo has failed to establish willful and mala fide disobedience on my part,” read the notice.
Baloyi also alleged that Maphumulo had harassed his mother in an attempt to exert pressure on him, which he described as “intimidating” conduct.
Baloyi demanded in his court papers that the court not only dismiss the claims but also award him R25,000 in damages for the distress allegedly caused to his mother.
“Maphumulo’s complaint centres on the fact that I have not published a specific retraction and apology mandated by the order. I make no apology for this.
“That would require me to state publicly that my previous statements were false and defamatory and had no basis in fact. I stand by the truthfulness and public interest nature of my statements. To publish the mandated text would require me to disseminate falsehoods, which I will not do,” read the notice.
Maphumulo, however, argued that Baloyi has demonstrated he is unapologetic and holds himself above the law.
“Baloyi has historically demonstrated, and continues to demonstrate, total and unapologetic disregard for the law and the authority of this court. Such unlawful conduct cannot be countenanced,” read Maphumulo’s contempt application.
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