Ekurhuleni city boss seeks jail time for social media critic

Share current article via EmailShare current article via FacebookShare current article via TwitterShare current article via LinkedInMduduzi NonyaneOpens in new windowOpens in new windowEnter fullscreen mode displaying this image.ExpandEkurhuleni city manager Kagiso Michael Lerutla wants social media commentator Modibe Julius Vladimir Modiba jailed for 30 days and fined R20,000. Picture: Supplied Story audio is generated using AI

Ekurhuleni city manager Kagiso Lerutla wants social media commentator Modibe Vladimir Modiba jailed for 30 days and ordered to pay R20,000 for allegedly refusing to remove two posts accusing him of corruption and involvement in disposing of bodies.

In a contempt application filed in the Gauteng High Court on September 9, Lerutla accuses Modiba of ignoring a court order issued in August directing him to remove seven social media posts and prohibiting him from repeating certain allegations.

Lerutla says Modiba removed five of the seven but left two on his X account.

He wants the court to impose a R20,000 fine and a 30-day prison sentence. However, he proposes that the prison sentence be suspended if Modiba removes the two disputed posts from all his social media platforms within 24 hours of being served with the new order.

Lerutla is on special leave, facing charges of fraud, corruption and defeating the ends of justice relating to a 2019 incident in which he allegedly paid a R400,000 bribe to the now sacked deputy metro police chief in Ekurhuleni, Julius Mkhwanazi, and his driver, in return for the driver posing as him in a traffic offence court appearance. The subterfuge allowed Lerutla to attend a job interview instead of having to be in court.

The contempt application has not yet been finalised. The dispute centres on a series of allegations by Modiba, who allegedly accused Lerutla of paying about R23m to Ekurhuleni councillors for protection and of promising opposition politicians money to fund their campaigns and lifestyles.

I unfortunately cannot control what other X users do with content I post

In one of the posts quoted in Lerutla’s papers, Modiba allegedly wrote: “Over the weekend, around R23m was travelling through Ekurhuleni councillors and generals for protection. Opposition parties are quiet because he promised to fund their campaigns and lifestyle.”

Lerutla’s papers also cite a television interview with Modiba on DStv channel Hilaal TV on May 4, in which he allegedly made claims about Lerutla bribing councillors and being involved in disposing of bodies.

Lerutla’s lawyers described the statements as false and malicious, saying they were intended to portray him as corrupt and dishonest.

In July Modiba allegedly published a post claiming that Lerutla was in Portugal while out on bail, accompanied by women for whom he had bought Mercedes-Benz vehicles. He also allegedly claimed that a municipal employee had been approached to amend Lerutla’s CV in 2019, shortly before applications for the post of CFO closed.

On August 18, judge Norman Manoim granted an order barring Modiba from publishing or repeating his claims and ordering him to remove the posts within seven days. The order was granted while Lerutla was pursuing a separate damages claim.

Lerutla’s legal team says two of the offending posts are still online. “There is an ongoing refusal by the respondent to abide by the court order.”

Lerutla says the posts have attracted about 160,000 views.

In his answering affidavit, Modiba says the fact that he deleted five of the posts showed his willingness to comply with the order. But he challenges Lerutla’s evidence about the two other posts, saying that the screenshots Lerutla had submitted as evidence did not prove they had remained online after the order was granted.

“I unfortunately cannot control what other X users do with content I post. The very same post could have been reshared, or screen-grabbed by other users and reposted in that fashion.”

Modiba also argues that a jail term would not be appropriate, and says Lerutla had failed to show why his application should be heard on an urgent basis.

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