The Johannesburg High Court delivered a sharp rebuke to a political analyst and podcast host after finding that accusations made against ANC Johannesburg regional chairperson, councillor Loyiso Masuku, were unlawful, defamatory, and lacking a factual basis.
Judge Mahomed J determined in a ruling on Wednesday that remarks made on a podcast the day after Masuku defeated incumbent Dada Morero and was chosen as the regional chairperson went beyond political criticism to constitute character assassination.
The case started when analyst and former ANC member Phapano Phasha accused Masuku of corruption in a podcast episode produced by Mashiane Mashiane on December 6, 2025.
Phasha mentioned that Masuku belongs to a so-called “PPE [personal protective equipment] cartel”, stealing municipal funds and buying her way into office.
Masuku was also labelled a “psychopath”. She approached the court on an urgent basis after efforts to secure a retraction failed.
Cease-and-desist letter
Her legal team issued a cease-and-desist letter demanding an apology and withdrawal of the claims, but Phasha refused and instead invited Masuku to litigate.
Mahomed J held in his judgment that any reasonable listener would understand the statements as factual allegations of criminal conduct.
The court rejected arguments that the remarks were merely repeating information already in the public domain, noting that Masuku had only been elected the previous day.
“The timing and the platform used show an intention to cause reputational harm,” the judge said, adding that the podcast’s wide reach amplified the damage.
The court further dismissed the defence of fair comment, finding that the analyst’s own admission of personal bitterness pointed to malice rather than public interest.
“These were not balanced opinions but reckless assertions presented as fact,” according to the judgment.
Retraction and apology
As part of the order, the respondents were instructed to immediately remove the podcast episode and all related clips from platforms such as YouTube, Spotify, and Apple Podcasts.
Phasha was also ordered to publish a clear and unequivocal retraction and apology, with the same prominence as the original publication.
The court stopped short of awarding R250 000 in damages at this stage, referring the matter to oral evidence to determine the appropriate compensation.
However, it imposed punitive costs on Scale C, citing the respondents’ refusal to resolve the dispute and their late attempt to withdraw the content only during the court hearing.
The retraction and apology are expected to be published by Morero’s ally Phasha within 24 hours of the order being served.
