Former ANC member and political commentator Phapano Phasha intends on launching a bid to appeal a high court decision that found statements she made about recently elected ANC Johannesburg regional chairperson Loyiso Masuku to be defamatory.
In a correspondence sent on January 1, Phasha’s attorneys, Vaughan Schwartz & Company Inc., notified Masuku’s legal team that they had received instructions to challenge both the judgment and the order issued by the court on December 31.
“We confirm that we are acting for Ms Phapano Phasha,” the attorneys stated, adding that they had been “instructed to appeal the entire judgment and order granted by the honourable court.”
Allegations of misconduct
The ruling followed an urgent application brought by Masuku after allegations of corruption and misconduct were made about her during a podcast episode broadcast shortly after her election as ANC Johannesburg regional chairperson.
The Johannesburg High Court held that the statements amounted to unsubstantiated factual claims rather than permissible political opinion.
As part of the order, Phasha was directed to remove the podcast and related content from online platforms and to publish a retraction and apology.
The court also imposed punitive costs and postponed the question of damages for further proceedings.
Phasha’s lawyers, however, believe that the appeal process has immediate legal implications.
According to the letter, “the noting of an appeal has the effect of suspending the operation and execution of the judgment, pending the finalisation of the appeal, unless a court orders otherwise”.
Cease-and-desist letter
They further indicated that their client had been informed of the ruling and that steps to lodge the appeal would be taken in compliance with court rules.
“In these circumstances, we trust that no steps will be taken to enforce or serve the order while the appeal process is under way,” the attorneys said, noting that their client’s rights remain fully reserved.
Phasha’s comments about Masuku during a podcast episode with Mashiane Mashiane on December 6, 2025, ignited the case.
Phasha mentioned that Masuku belongs to a so-called “PPE [personal protective equipment] cartel”, stealing municipal funds and buying her way into office.
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.
