Key Takeaways
- The Gauteng High Court has reserved judgment on an application by Loyiso Masuku against a former party member, Phapano Pasha, who has accused her of graft in the election that saw her elected ANC regional chairperson of Johannesburg.
- Masuku is seeking an interdict against Pasha to stop her from making defamatory remarks about her in public and is also claiming R250,000 in damages.
- Pasha had labelled Masuku as being part of a “PPE cartel” and suggested she bought votes to beat her opponent, Dada Morero.
- The ANC has faced persistent allegations of vote-buying at its elective conferences, which has been described as a “deeply entrenched culture” of money politics that undermines internal democracy and contributes to factionalism, corruption, and declining public trust.
Introduction to the Case
The Gauteng High Court in Johannesburg has reserved judgment on an application by Loyiso Masuku, the newly elected ANC regional chairperson of Johannesburg, against a former party member, Phapano Pasha. Masuku is seeking an interdict against Pasha to stop her from making defamatory remarks about her in public and is also claiming R250,000 in damages. The application stems from a podcast in which Pasha labelled Masuku as being part of a “PPE cartel” and suggested she bought votes to beat her opponent, Dada Morero. Masuku’s husband, Bandile, and former presidential spokesperson Khusela Diko were embroiled in allegations of corruption over the awarding of a tender for personal protection equipment during the Covid-19 pandemic, but the ANC later cleared them of wrongdoing.
The Allegations Against Masuku
Pasha’s comments in the podcast were widely publicized, and Masuku’s legal team argues that they were defamatory and damaging to her reputation. Pasha stated that Masuku was part of a “PPE cartel” and that she had bought votes to win the election. She also expressed her disappointment and bitterness that Morero did not win, and that people from outside Gauteng were leading Johannesburg. Masuku’s legal team argues that these comments were not only defamatory but also motivated by a desire to undermine Masuku’s legitimacy as the newly elected regional chairperson.
The Defense Argument
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. Nyabane stated that Pasha’s comments were misinterpreted by Masuku and that it would be unfair to expect Pasha to retract a statement that was already in the public domain. He also argued that Pasha should not be made a scapegoat for comments made by other ANC leaders, including President Cyril Ramaphosa and Gauteng Premier Panyaza Lesufi. However, Masuku’s legal team countered that Pasha’s comments were specific to Masuku and were not merely a repetition of comments made by others.
The ANC’s History of Vote-Buying Allegations
The ANC has faced persistent allegations of vote-buying at its elective conferences, which has been described as a “deeply entrenched culture” of money politics that undermines internal democracy and contributes to factionalism, corruption, and declining public trust. The practice, which often involves cash handouts, luxury accommodation, or other incentives to influence branch delegates, has been acknowledged by party insiders, leaders, and analysts. This culture of money politics has led to a lack of transparency and accountability within the party, and has contributed to the erosion of public trust in the ANC.
The Court’s Decision
The court has reserved judgment on the application, and it is unclear when a decision will be made. Masuku’s legal team has argued that Pasha’s comments were defamatory and damaging to her reputation, and that she should be interdicted from making any further defamatory remarks. Pasha’s legal team has argued that she was merely reiterating comments already in the public domain and that she should not be held responsible for comments made by others. The court’s decision will have significant implications for the ANC and its internal democracy, and will likely set a precedent for how the party handles allegations of vote-buying and corruption in the future.
Conclusion
The case between Masuku and Pasha highlights the deep-seated issues of corruption and vote-buying within the ANC. The party’s history of allegations of vote-buying at its elective conferences has led to a lack of transparency and accountability, and has contributed to the erosion of public trust. The court’s decision will be closely watched, and will likely have significant implications for the ANC and its internal democracy. Ultimately, the case serves as a reminder of the need for greater transparency and accountability within the party, and the need to address the deeply entrenched culture of money politics that undermines the party’s legitimacy.