Brandon Carter

On a serious note, the Minister needs to clarify whether she is pursuing this defamation action in her personal capacity as Mamoloko Kubayi or in her official capacity as a Cabinet Minister. If this is a personal legal dispute, taxpayers should not be expected to foot the bill. Public funds and departmental resources cannot simply be used to finance a minister’s private litigation. SA common law, as established in Die Spoorbond, does not recognise a right of government or organs of government to sue for defamation to protect their institutional reputation. However, an individual Cabinet Minister retains the right to sue in her personal capacity. @sacr_official1 will write to the @DOJCD_ZA seeking clarity on the legal position and the use of public funds in such litigation.