Elijah Fire seeks E500k fine review
MBABANE - Prophet Elijah Fire says the E500 000 he was ordered to pay Apostle Justice Dlamini is disproportionate when compared to awards levied against established institutions in similar cases.
Following Judge Zonke Magagula of the High Court issuing the compensation order and the Supreme Court dismissing his appeal in the case where he was found to have defamed Apostle Dlamini, ‘Elijah Fire’ has now filed a review of the judgment of the Supreme Court. Mkhemetelo Muzi Mkhatshwa, known as Elijah Fire, the founder of Hope Restoration Church, argues that the substantial sum is disproportionate, especially when compared to awards typically levied against established institutions in similar cases of defamation.
According to court documents filed by Mkhatshwa, the initial defamation claim by the Worship Centre International founder, Dlamini, amounted to E10 million, based on two audio recordings alleged to contain defamatory statements. The High Court, presided over by Justice Magagula in June 2023, ruled in favour of Dlamini, ordering Mkhatshwa to pay E500 000, along with interest and the cost of publishing a retraction in a national newspaper.
Mkhatshwa subsequently appealed this judgment, citing his prior apology offered at a police meeting and the steepness of the compensation, given he was being sued as an individual. He is represented by Meluleki Ndlangamandla of MLK Ndlangamandla Attorneys.
The appeal was dismissed by the Supreme Court of Appeal on March 26, 2025, which deemed the High Court’s award reasonable, noting that it was only five per cent of the initial claim and highlighting the lack of a public apology at the time.
Payment
Now, in the review application to the Supreme Court, Mkhatshwa is seeking a review of the court’s decision and a stay on the execution of the payment order.
He contends that a ‘miscarriage of justice’ has occurred. His affidavit details a comparison of the E500 000 award to those in previous defamation cases against established media houses where awards allegedly ranged between E120 000 and E350 000. “The miscarriage of justice, which is occasioned to me in the circumstance in my case is that, as an individual being sued in my personal capacity as Muzi Mkhatshwa and not Hope Restoration Church, the court issued a very drastic order or an exorbitant amount for compensation,” Mkhatshwa stated in his affidavit.
He further argued that the award is punitive in nature and that his financial circumstances as an individual employed by the King’s Office were not adequately considered.
Mkhatshwa also raised concerns that the courts seemingly equated his financial means to those of well-established companies. He emphasised that he is a separate entity from Hope Restoration Church, which he is allegedly being viewed as. In a bid to demonstrate his sincerity, Mkhatshwa has now published a public apology, which he hopes the Supreme Court will consider as a mitigating factor. He argues that the initial lack of a public apology was based on advice from previous legal counsel regarding a potential settlement.
Defamation
Mkhatshwa further asserts that the purpose of defamation compensation is to console, not to punish or restore damaged reputation. He suggests that a fairer amount would have been between E300 000 and E350 000. He also questioned the evidence regarding the extent of the defamation’s reach, particularly claims it extended to Dlamini’s followers in South Africa, the numbers of whom were never established in court.
The application seeks an order to stay the E500 000 payment, pending the review of the appeal court’s judgment and a substitution of the order with a payment of E300 000. The Supreme Court is yet to determine the date for the hearing of this application.
In the Supreme Court, Mkhatshwa also argued that the amount he was ordered to pay was excessive. The appeal was heard by Judge Magriet van der Walt together with Judge Nkululeko Hlophe and Judge Mbutfo Mamba.
Although he issued an apology after the Supreme Court judgment, Judge Magriet noted that Mkhatshwa had at time of hearing the appeal, still not apologised to Dlamini.
In his apology titled ‘Apology to Apostle Justice’, Mkhatshwa states that, “I, Prophet Elijah Fire tender unconditional apology and retraction of the offending utterances that were made in two audio recordings which were never meant for the public domain, but unfortunately leaked to the public domain without my knowledge nor intention. The audios were uncalled for and are regretted in their entirety,” reads Mkhatshwa’s apology and retraction.
Due to the lack of an apology prior to the hearing of the appeal, Judge Van der Walt stated that, “His failure to issue a public apology and retraction, despite promising to do so, aggravated the damages.”
The court also considered Dlamini’s large audience, including church congregations, radio listeners and online followers. It was noted that the defamatory material had spread beyond Eswatini’s borders. The court found no evidence to support the claim that the apology was conditional on Apostle Dlamini not pursuing legal action.
The case arose from WhatsApp audio recordings in which Prophet Mkhatshwa, the founder of Hope Restoration Church, made damaging allegations against Apostle Dlamini, a fellow church leader. These included claims that Apostle Dlamini had bribed a journalist to publish negative articles and that a domestic worker had witnessed a snake with a human head and hair in his residence. Meanwhile Dlamini is opposed to the review application. He is represented by Thulani Sibandze of S.V. Mdladla and Associates.
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