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SUPREME COURT UPHOLDS DEFAMATION AWARD AGAINST PROPHET ELIJAH FIRE

By Sifiso Nhlabatsi | 2025-03-27

The Supreme Court of Eswatini has upheld a E500 000 defamation award granted to Apostle Justice Dlamini against Pastor Elijah Mkhemetelo Mkhatjwa, also known as Prophet Elijah Fire.

The case stemmed from two audio recordings made by Prophet Elijah Fire on April 6 and April 8, 2020. These recordings, disseminated via WhatsApp, contained defamatory statements about Apostle Justice Dlamini. As a result, Apostle Justice sued Prophet Elijah Fire, seeking E10 million in damages, E5 million per recording, along with a public retraction.

The High Court ruled in favor of Apostle Justice, awarding E500 000 in damages, along with interest at nine percent per annum from the date of judgment. The court also ordered Prophet Elijah Fire to publish a retraction in a widely circulated Eswatini newspaper and cover 75 percent of Apostle Justice's legal costs.

Prophet Elijah Fire challenged the High Court's ruling, arguing that the damages awarded were excessive, punitive, and inconsistent with legal principles. He also stated that the court failed to consider his apology to Apostle Justice and that the cost order of 75 percent was not in line with court rules and was punitive without justification.

However, the Supreme Court dismissed his appeal, affirming the decision of the lower court. The appeal was heard by a panel of three judges: Justice Nkululeko Hlophe, Justice Mbutfo Mamba, and Justice Magriet van der Walt.

In delivering the court's decision, Justice Van der Walt highlighted that while previous defamation cases in Eswatini often involved media houses, this case involved two religious leaders competing for followers and financial support. She noted that online defamation cases, such as this one, present unique challenges, including the rapid spread of false information and its potential to cause widespread harm.

The court found that Prophet Elijah Fire had not only failed to verify the allegations he made against Apostle Justice but also showed a lack of remorse by refusing to issue a public apology and retraction.

Regarding the cost order, the Supreme Court noted that the amount awarded was only five percent of Apostle Justice's original E10 million claim. The court ruled that claimants should be realistic when seeking damages, as exaggerated claims may discourage out-of-court settlements and result in unnecessary legal costs.

The judges further noted that the defamatory statements had a global reach, as they were shared online and understood by Siswati speakers worldwide, including Apostle Justice's sister in New York.

Ultimately, the Supreme Court dismissed Prophet Elijah Fire's appeal, upholding the High Court's decision and ordering him to cover 75 percent of Apostle Justice's legal costs.

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