By Thapelo Molefe
Political analyst Phapano Phasha said on Friday she had instructed her lawyers to seek leave to appeal a defamation judgment she lost to newly elected ANC Johannesburg regional chairperson Loyiso Masuku.
Phasha also said she would write to the National Prosecuting Authority (NPA) to demand answers over inaction on SIU COVID-19 PPE corruption referrals.
The Johannesburg High Court found that claims aired on a podcast linking Masuku to a “PPE cartel” and vote-buying were defamatory and unlawful.
Masuku denied the allegations and issued a cease-and-desist notice demanding a retraction and apology. When Phasha refused, Masuku approached the Johannesburg High Court on an urgent basis.
In a judgment delivered on Wednesday, the court found the statements to be “clearly defamatory, reckless and unlawful”, rejecting the defence of fair comment.
The court interdicted Phasha and the podcast host from repeating the allegations, ordered the immediate removal of the content from all platforms, and directed Phasha to publish a retraction and apology with equal prominence.
The issue of damages was referred to oral evidence, with costs awarded against Phasha.
In her statement on Friday, Phasha said she had instructed her legal team to apply for leave to appeal the judgment.
“We take this route because we strongly believe a fundamental pillar of our democracy, the equal application of the law and accountability for those in power, has been severely compromised,” she said.
Phasha said she was first pursuing the appeal and would also “demand answers on behalf of the public” by acting on Special Investigating Unit referrals linked to PPE procurement in Gauteng and elsewhere.
She said her lawyers would write to the NPA to demand a formal explanation for “their failure to prosecute”.
“We will explore every available legal mechanism, including the route of private prosecution, to ensure this matter is not swept aside.”
The dispute has unfolded against the backdrop of national outrage over emergency procurement during South Africa’s COVID-19 state of disaster, when normal tender rules were relaxed to fast-track PPE purchases — a process later shown to have been widely abused.
In January 2022, President Cyril Ramaphosa released an SIU report stating the unit had investigated 5,467 contracts awarded to 3,066 service providers worth R14.3 billion, and had finalised investigations into 4,549 contracts, of which 2,803 were found to be irregular — 62% of those finalised.
The SIU and Special Tribunal have pursued civil recoveries in multiple matters, including tribunal rulings setting aside unlawful tenders and ordering companies to account for and repay profits.
However, political and public criticism has persisted that criminal accountability has been slow.
In parliamentary-reply reporting published in December 2025, Business Day reported that of 509 individuals and entities the SIU recommended for restriction from doing business with the state, only 18 had been placed on National Treasury’s restricted suppliers list, leaving 491 still not listed at that point.
Phasha said that prosecutors’ inaction “is not merely procedural; it is a denial of justice to the millions of South Africans who bore the brunt of this corruption”.
She said she was acting in memory of assassinated whistleblower Babita Deokaran, among others.
“This is no longer just about a single statement. It is about confronting a culture of impunity that has taken root in our country.”
The NPA has previously said that SIU referrals may require further investigation and evidentiary work with police structures before cases are court-ready.
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