Bald Denials And Unsubstantiated Conclusions In Pleadings: A Risky Litigation Strategy

The Gauteng Division of the High Court of South Africa, Johannesburg in Mbiza and Another v Timati considered a contempt of court application that was instituted by Mr Mbiza, a spiritual guide and founder of the Revelation Spiritual Home ("the church"), and by the church against Mr Timati, a former member of the church.

This application followed an order that was granted in the urgent court on 21 June 2023 in terms of which Mr Timati was interdicted from inter alia disseminating directly and indirectly injurious falsehoods about Mr Mbiza and the church pending the outcome of Part B of the application (which concerned final interdictory relief against Mr Timati). Mr Mbiza and the church contended that Mr Timati is in contempt of the urgent court order as a result of certain offending statements that were posted by Mr Timati on Facebook, in contravention of the court order.