Editor of the Newspaper concerned to inform him that he was the
father to the Plaintiff. Instead he was sought after by Mabandla
Bhembe after he himself was told by his Editor that Mahlangu
claimed to have fathered Gelane. It is not revealed how the Editor
had himself got to know about the allegation except that it
transpired it had come out from some Simelane’s. Clearly the story
called for caution before publication when considering that to the
Newspaper’s own knowledge and the nation at large, Gelane who
by now was an elderly person occupying high profile positions in
the country as both Senate President and as an Acting Chief of
Kontshingila, had always been known as a Simelane at that stage.
Furthermore the allegations (sic) she was a Mahlangu, came about
at a time when she was involved in a widely published chieftaincy
dispute with some Simelanes who did not approve of her being an
acting chief. In such circumstances there would be no reasonable
grounds to believe such a prominent figure and at that age has
different surname than the one she is known by.
[43]

They got the confirmation from Mr Mahlangu who does not give a
sound explanation on why he had to conceal such vital information
all these years only to come up now when he was himself old and
frail with the Plaintiff having reached the age she has considering
her being born in 1952, according to the evidence. Furthermore
Mahlangu’s claim was itself based on very stretchy circumstantial
evidence in circumstances where he claims to have been staying in
Johannesburg at the time of her being conceived and eventually
born. He did not know when (date, month and year) of her birth,
which would be very strange and improbable for a father who had
always known about her being his daughter. This cannot in my
view be indicative of the Defendants having reasonable grounds
that what they were to publish was true. This is compounded by the
fact that Mr. Mahlangu did not seem to know anything about
Dorah Dube’s life after the birth of David Mahlangu, a state of
affairs one would not expect of a girl friend with whom he has
children.

[44]

Indeed when Mr. Mahlangu eventually gave evidence in Court,
and after starting on a confident basis that the Plaintiff was his
daughter, cracked and faltered under cross-examination and
started saying he would demand that she goes with him for DNA
test (egezini) as he put it so that he himself be satisfied that she was
not his daughter. Clearly the said Mahlangu was unsure if the
Plaintiff was indeed his daughter and wanted to use this Court to
compel her to confirm or dispel his suspicions she was. Had the
Newspaper taken reasonably proper steps to ascertain (sic)
accuracy of the allegation they would have noted same was not

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