SCA dismisses defamation claim against John Block

THE SUPREME Court of Appeal (SCA) has dismissed an application lodged by retired Northern Cape High Court Judge Frans Kgomo against former ANC provincial chairperson John Block and his two legal representatives in a defamation lawsuit. 

The court found that there were no reasonable prospects of success and no compelling reasons why the appeal should be heard.

The case stems from an alleged telephone conversation between Kgomo and Judge Mmathebe Violet Phatshoane, which was reportedly overheard by an unidentified judge.

Phatshoane was presiding over the trial in which Block was sentenced to 15 years' imprisonment for using his political influence to facilitate government leases with the Trifecta group of companies.

It is alleged that an attorney from Pretoria informed Block’s legal representative - the late Dali Mjila - in confidence about the conversation, during which Phatshoane allegedly informed Kgomo that she did not have grounds to convict Block when he allegedly advised her to “convict the bastard”.

The matter was reported by Block to the Judicial Service Commission (JSC) in December 2016 but was later dismissed. 

The identity of the unknown judge was never disclosed under oath.

Kgomo’s defence had argued that the alleged telephone conversation was fabricated in order to disrupt the criminal proceedings and to have the trial judge removed, as Block sought to avoid a lengthy prison sentence.

During his judgment in the Northern Cape High Court, Judge Nathan Erasmus acknowledged that while the alleged conversation was indeed defamatory and carried malicious intent, he believed that it had never occurred.

Erasmus ordered the executor of Mjila’s estate to pay damages of R150,000 to Kgomo.

He also noted that the application was made two years after the alleged incident.

Erasmus further pointed out that Kgomo, who had a long and distinguished judicial career, continued to serve on the JSC following the incident, after he retired from the bench, and had therefore suffered no prejudice.

He was also of the view that Block was not “complicit” and had no reason to doubt the information provided to him by senior counsel.

In a statement issued on social media on behalf of Block and the other respondents following the SCA ruling, they expressed a “deep sense of relief and belief in justice”.

“This judgment vindicates Block and the other respondents and reinforces our long-held position that the claims advanced by Judge Kgomo were without merit.”

The statement added that the “baseless legal actions” had caused Block and his family undue stress. 

“The persistence of these unfounded claims has, over time, become an increasingly frustrating and burdensome ordeal.

“It has become evident that the relentless attempts to tarnish Block’s reputation and to interfere with his personal life were not motivated by a genuine pursuit of justice, but rather by a desire to disrupt his peace and security.”

It indicated that his right to freedom and dignity was “undermined by these vexatious legal challenges”, during which he was subjected to “prolonged persecution”.

“It is our hope that this judgment marks the final chapter in a series of futile attempts to disturb Block's peace and that he will now be allowed to lead a normal life, free from the shadow of baseless legal challenges.”

The Block family believed that the judgment would “serve as a lesson” to those who  “misused the legal system to tarnish the reputations and lives of others”.