The legal battle and bitter spat between ANC Johannesburg Regional Chairperson Loyiso Masuku and political analyst and podcast host Phapano Phasha are heating up.
In December last year, Masuku won an urgent defamation case against Phasha.
Ruling
Masuku, who defeated Dada Morero to become the first woman to lead the Johannesburg region of the ANC, sought an interdict against Phasha for making defamatory remarks about her in public.
In a podcast, Phasha alleged that Masuku belongs to a so-called “PPE cartel” and suggested that she bought votes to defeat Morero. She was also labelled a “psychopath”.
Judge Mahomed J found Phasha’s statements to be false, defamatory, unlawful, and malicious, and ordered the podcast producer to remove the episode from platforms such as YouTube, Spotify, and Apple Podcasts.
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Appeal
Now Phasha’s lawyers have written to Masuku’s legal team, Vaughn, Schwartz and Company Inc. Attorneys, informing them of the podcaster’s decision to appeal the order granted by the Gauteng Division of the High Court in Johannesburg on 31 December 2025.
“Kindly note that we have received instructions to appeal the entire judgment and order granted by the honourable court. Our client has been duly notified of the order, and the necessary steps to note and the appeal will be taken in accordance with the applicable Rules of Court.
“In this regard, we record that 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,” Malebana DJ Attorneys said.
Court ‘misdirected’
Malebana said they trust that “no steps will be taken to enforce or serve the order pending the appeal process.”
Phasha said she instructed her lawyers to apply for leave to appeal because she believes the court has misdirected itself.
“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 told The Citizen.
“Therefore, my path forward is twofold. First, to pursue the appeal of this judgment. Second, and more critically, to demand answers on behalf of the public. My legal team and I will now be acting directly on the Special Investigating Unit (SIU)’s referrals by writing to the National Prosecuting Authority (NPA) to demand a formal explanation for their failure to prosecute,” Phasha added.
The Citizen has contacted Masuku for comment. This will be included in the story once received.
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