/ 13 June 2008

Land affairs minister sues M&G

Minister of Agriculture and Land Affairs Lulama Xingwana is suing the Mail & Guardian for R1-million for defamation.

The suit comes after the paper reported on March 20 that Xingwana was herself being sued for R1-million for her alleged role in breaking up a marriage between former Land Bank CEO Phil Mohlahlane and his wife Joyce.

Mohlahlane has been repeatedly named in controversies surrounding the Land Bank, including irregularities relating to his identity documents.

Citing the court papers filed in the divorce action in the Johannesburg High Court, the article quoted Joyce Mohlahlane’s claim that Xingwana gave her estranged husband ‘undue privileges” including overseas trips and ‘positions of undue power”.

Mohlahlane also alleged that Xingwana used her position as a minister to protect and give immunity to her husband for the ‘various frauds and acts of misconduct he has committed at his place of work”.

These, according to her affidavit, included the use of a cancelled identity document, irregular awarding of tenders at the Land Bank, the falsification of information on his CV and mismanagement.

Mohlahlane, the former deputy director general of agriculture, was appointed in July last year by Xingwana in what was seen as a move to help the embattled bank. However, his appointment was questioned in December when it came to light that he had two identity documents with different numbers and birth dates.

More controversy erupted at the beginning of the year when he was accused of sexual harassment at the bank.

Xingwana denied any affair. Her spokesperson said there was an attempt to discredit Xingwana and Mohlahlane. In a three-page press release she also later rejected the claims as absurd, unfounded and malicious.

This week Xingwana served a summons on the M&G claiming that its article contained ‘statements, per se defamatory” of her.

Xingwana says the article implies that she ‘was conducting an adulterous relationship with a married person” and ‘used her position as minister to protect and give immunity to Mohlahlane for various acts of fraud and misconduct”.

She also alleges that the article was ‘intended and understood to carry the additional sting” of the minister being ‘dishonourable”; that she ‘put her own personal relationship interests above the interests of her department”; that ‘she lacks moral fibre”; is ‘complicit in acts of fraud, corruption, irregularity and sexual harassment”; and that she is ‘unfit to be a Cabinet minister”.

In a later interview with the Sunday Times Joyce Mohlahlane said that her lawyers had pressured her to include Xingwana’s name in the divorce suit against her husband.

Xingwana also indicated that she would countersue Joyce Mohlahlane.

The M&G has informed Xingwana’s lawyer that it will defend the action.