John Block on the witness stand on 9 November.

• Former Northern Cape ANC leader and MEC John Block is back in court to answer to a R2.5 million defamation suit.
• He allegedly defamed former Northern Cape Judge President Frans Kgomo during his corruption trial in 2015/16.
• Block is serving a 15-year sentence for corruption relating to inflated rental contacts for government offices. 

Former Northern Cape ANC leader and MEC John Block denied defamation allegations in cross-examination on 9 November in the civil case in which he is being sued for damages worth R2.5 million.

Block, who was surrounded by armed prison guards, was earlier brought from Upington Prison to the Northern Cape High Court in Kimberley. He is serving a 15-year prison sentence for corruption relating to inflated rental contacts for government offices.

Block and two attorneys, who are each being sued for the same amount, failed in their application for absolution. They argued that there was not enough evidence of their defaming former Northern Cape Judge President Frans Kgomo.

Kgomo’s legal team indicated that it would take further steps because of “defamatory submissions” in the heads of argument for the absolution application.

The defamation claims stem from Block’s criminal trial in 2015 and 2016. Nano Matlala, an attorney, allegedly told Block’s legal representative, the late Abel (Dali) Mjila, that an unidentified judge in Kgomo’s presence heard how Judge Violet Phatsoane, the presiding officer in Block’s corruption trial, told Kgomo in a telephone conversation she had no grounds to convict Block, to which Kgomo allegedly replied: “Convict the bastard.”

READ | John Block sued by former judge president

Block testified that he did not know Matlala. Mjila, whom he had known for years, shared the allegations with him and later discussed it with a senior lawyer too. Block’s legal team then unsuccessfully urged Phatsoane in chambers to recuse herself and postpone the trial. Block then made the allegations against Kgomo and Phatsoane in an affidavit as part of a special entry in open court. Phatsoane dismissed the allegations as untrue.

His complaint against Phatsoane was rejected by the Judicial Service Commission (JSC) due to a lack of evidence, which Block says he accepted.

“Then, out of the blue in 2019, I received the summons from Judge Kgomo. I did not defame anyone, I simply wanted a fair trial and justice by relying on my legal team’s advice,” he testified.

Advocate Sean Rosenberg SC, on behalf of Kgomo, put it to Block in cross-examination that someone made up the story, as Kgomo and Phatsoane deny the allegations. So does Matlala.

Former Northern Cape judge president Frans Kgomo.

Charné Kemp

“Who had the greatest motive to make up the story?” Rosenberg asked.

Block replied:

Block submitted that he wanted the allegations to be investigated and that lawyers have an obligation to report alleged irregularities. However, he does not know why Mjila did not submit an affidavit for the special entry and complaint to the JSC to substantiate his allegations.

Rosenberg put it to Block that he submitted in his statement that the allegations could be true because he mentions the occasion and period in which the alleged telephone conversation took place.

Rosenberg found it unlikely that Block would not take steps to find out who the unidentified judge was.

Block and his legal team also did not make a second special entry with supporting statements in his application to the Supreme Court of Appeal. This was strange, Rosenberg said, considering that Block, in his earlier request that the judge recuse herself, already thought she was biased.

“This while these explosive allegations could have helped you in your appeal in what you described as the fight for your life…”

Block responded that he had made peace with the failed JSC investigation and instead focused on his appeal application.

After Block received the letter of demand from Kgomo in 2019, he again approached the JSC without evidence or supporting statements to investigate the allegations.

Mjila confirmed in his plea at the time that Matlala told him the allegation. Matlala is a respected attorney and he did not doubt the information, he said.

In his testimony, Matlala agreed with Kgomo that the alleged telephone conversation with Phatsoane never took place, nor did his alleged communication with Mjila.

Rosenberg questioned Matlala in cross-examination about his counterclaim of R4.5 million, which he has since withdrawn. In the counterclaim, Matlala argued that the allegations were “fair comment”, but he now denies that he shared the allegations with Mjila.

He refused to answer questions about the counterclaim. He also refused to align himself with his legal team’s statements in the heads of argument for the application for absolution, in which some phrases from the counterclaim were repeated.

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At the start of the trial, Kgomo testified how his dignity, reputation and integrity were tarnished by the false allegations. He closed his case without calling further witnesses.

Advocate Lungela Bomela acts for Block on behalf of Luluma Lobi; Sanele Mjila for the Mjila Estate; and Advocate McGregor Kufa is instructed by Matshego Ramagaga Inc on behalf of Matlala.

Judge Nathan Erasmus postponed the matter to 6 February 2024 for arguments.