The Gauteng High Court in Johannesburg has reserved judgment on an application by Loyiso Masuku against a former party member who has accused her of graft in the election that saw her elected ANC regional chairperson of Johannesburg.
Masuku, who defeated Dada Morero to become the first woman to lead the region, wants the court to interdict Phapano Pasha from making defamatory remarks about her in public. Masuku is also seeking R250,000 in damages.
In a podcast, Pasha labelled Masuku as being part of a “PPE cartel” and suggested she bought votes to beat 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.
The ANC later cleared them of wrongdoing.
“The current chairperson is part of the PPE cartel; she got a lot of money. It was quite easy for her to buy the conference. We know there were bags going around. I have been part of these processes since 2001. [Deputy President] Paul Mashatile and [ANC deputy secretary-general] Nomvula Mokonyane, who supported the faction that won — I am sure they are happy wherever they are,” Pasha said.
Pasha’s legal representative, advocate Vusi Nyabane, argued on Tuesday that she was merely reiterating comments already in the public domain made by other ANC leaders and some political analysts.
Pasha’s comments were misinterpreted by Masuku, he added. “It would be unfair to expect the first respondent to retract a statement which was made by political analysts and the President [Cyril Ramaphosa] and [Gauteng] premier [Panyaza Lesufi] that the conference was bought. It would not be proper for the respondent to be the one that says the conference was not bought while the information is out there,” Nyabane said.
“We submit these statements that were made by the premier and also the current mayor [Dada Morero] irrespective of the things that were said. My client should not be made a scapegoat, having to cleanse an image that is already damaged.”
Mpati Qofa, representing Masuku, told judge Sheida Mohamed that Pasha was attempting to mislead the court by suggesting Ramaphosa and Lesufi made remarks similar to hers about Masuku.
“The devil is in the detail. Panyaza Lesufi never said anything about my client. He said: ‘All members of the ANC must vote for who must lead delegates because no one is going to buy or abuse delegates.’
“That is as far as Panyaza Lesufi’s statement goes. My lady, my colleague comes before you [stating] that these statements have been said by Lesufi, and therefore she [Pasha] is allowed to repeat them. It is untrue. It is a regrettable perversion of facts.
Qofa maintained the statements made by Lesufi and other ANC leaders were not directed specifically to Masuku, but Pasha’s were directed to her.
In the podcast Pasha described herself as bitter because Morero did not win. She also said she was unhappy that people from outside Gauteng lead Johannesburg.
Qofa argued that was the motive behind Pasha’s remarks in which she branded Masuku “as a thief, corrupt actor, and cartel-affiliated individual”.
“These are no doubt 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 The practice — often involving cash handouts, luxury accommodation, or other incentives to influence branch delegates — 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.
Qofa argued that asha had the opportunity to substantiate her allegations in court but had failed to do so, adding that it was not good enough to argue that since other people had remarks, she could repeat them without taking the responsibility to prove such allegations.
Nyabane said Pasha was ill and did not have the opportunity to respond well and thoroughly to the litigation. She filed a sick notice on the day of the hearing.
Qofa argued that regardless of Pasha’s well-being, she ought to be interdicted and restrained from publishing any defamatory allegations about Masuku in relation to allegations about being part of a “PPE cartel” or that she had “bought conference votes”.
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