Gauteng Court Delays Ruling in Loyiso Masuku Defamation Suit

Key Takeaways

• The Gauteng High Court has reserved judgment on an application by Loyiso Masuku against Phapano Pasha, who accused Masuku of graft in the election that saw her become ANC regional chairperson of Johannesburg.
• Masuku is seeking an interdict against Pasha to prevent her from making defamatory remarks and R250,000 in damages.
• Pasha’s comments were made in a podcast, where she labelled Masuku as part of a "PPE cartel" and suggested she bought votes to beat her opponent, Dada Morero.
• The ANC has faced allegations of vote-buying at its elective conferences, which has been described as a "deeply entrenched culture" of money politics.

Introduction to the Case
The Gauteng High Court in Johannesburg has reserved judgment on an application by Loyiso Masuku, the current ANC regional chairperson of Johannesburg, against Phapano Pasha, a former party member who has accused her of graft in the election that saw her elected. Masuku, who defeated Dada Morero to become the first woman to lead the region, wants the court to interdict Pasha from making defamatory remarks about her in public. Masuku is also seeking R250,000 in damages. The case centers around comments made by Pasha in a podcast, where she labelled Masuku as being part of a "PPE cartel" and suggested she bought votes to beat Morero.

The Allegations
Pasha’s comments were made in a podcast, where she described herself as bitter because Morero did not win. She also said she was unhappy that people from outside Gauteng lead Johannesburg. Pasha’s legal representative, advocate Vusi Nyabane, argued that she was merely reiterating comments already in the public domain made by other ANC leaders and some political analysts. However, Mpati Qofa, representing Masuku, told the judge that Pasha was attempting to mislead the court by suggesting that President Cyril Ramaphosa and Premier Panyaza Lesufi made remarks similar to hers about Masuku. Qofa maintained that the statements made by Lesufi and other ANC leaders were not directed specifically to Masuku, but Pasha’s were directed to her.

The Motive Behind the Remarks
Qofa argued that Pasha’s motive behind her remarks was to brand Masuku "as a thief, corrupt actor, and cartel-affiliated individual". He stated that these were allegations of grave criminality, uttered without proof, without fairness, and without seeking her version. The ANC has faced persistent allegations of vote-buying at its elective conferences, which has been described by party insiders, leaders, and analysts as "a deeply entrenched culture" of money politics that undermines internal democracy and contributes to factionalism, corruption, and declining public trust.

The Court Proceedings
During the court proceedings, Nyabane argued that it would be unfair to expect Pasha to retract a statement which was made by political analysts and the President and Premier that the conference was bought. However, Qofa countered that Pasha had the opportunity to substantiate her allegations in court but had failed to do so. He added that it was not good enough to argue that since other people had made similar remarks, she could repeat them without taking the responsibility to prove such allegations. Pasha’s legal team filed a sick notice on the day of the hearing, stating that she was ill and did not have the opportunity to respond well and thoroughly to the litigation.

Conclusion and Next Steps
The Gauteng High Court has reserved judgment on the application, and it remains to be seen how the court will rule on the matter. Regardless of the outcome, the case highlights the ongoing issues of corruption and vote-buying within the ANC. The party has faced numerous allegations of graft and corruption, which has led to a decline in public trust. The case also raises questions about the freedom of speech and the limits of defamatory remarks. As the court deliberates on the matter, it will be important to consider the implications of the ruling on the ANC and the broader political landscape in South Africa.