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Unisa victorious in high-profile defamation cases against critics

The Star Reporter|Published

Former EFF Gauteng leader Mandisa Mashego.

Image: Picture: Twitter

The University of South Africa (Unisa) has welcomed a series of High Court judgments handed down against three individuals accused of spreading defamatory statements about the institution and its leadership.

In a media statement approved for public release on Wednesday, Unisa said it had successfully obtained court orders against Mogaila Mogashoa, Mandisa Mashego and Simamkele Xani in separate applications.

Arrest warrant for Mogashoa

According to the university, Mogashoa repeatedly made false and damaging claims about Unisa and its management, including its Principal and Vice-Chancellor, Professor Puleng LenkaBula.

Among the allegations were claims that Unisa was a “cooldrink place” and that LenkaBula was illicitly moving money to Lesotho. The university approached the court for a defamation order and successfully obtained an interdict restraining Mogashoa from continuing to publish or spread the claims.

However, Unisa said Mogashoa defied the court order by persisting with further defamatory statements. As a result, the court has now issued a warrant for his arrest for contempt of court.

Mashego ordered to pay R550,000

In a separate matter, the Johannesburg High Court found Mandisa Mashego guilty of defamation after she made what the university described as “unjustified and unsubstantiated” claims.

Mashego alleged that Unisa was under investigation for fake degrees, exam impersonation, running classes irregularly and corruption, among other accusations.

The court ruled in favour of the university, ordering Mashego to pay R550,000 in damages. Interest on the amount will accrue at the prescribed legal rate from the date of demand until final payment.

Xani found in contempt

The most extensive ruling relates to former Unisa student Simamkele Xani, who has been embroiled in ongoing legal battles with the institution since 2021.

Unisa said Xani previously attacked fellow students and staff members, including LenkaBula, prompting the university to seek an interdict. A final interdict was granted by the North Gauteng High Court in November 2024, barring him from publishing false or misleading information about the university and its leadership.

Despite this, Xani allegedly launched further attacks in November 2025, including defamatory statements directed at Unisa’s council, management and other public figures, purportedly under the name of Sebako Attorneys.

The Pretoria High Court found Xani in contempt of the November 2024 order. The court ruled that he faces 60 days’ imprisonment or a R50,000 fine, wholly suspended on condition that he does not breach the original interdict. Unisa and LenkaBula were granted leave to approach the court to enforce the order should he violate it again.

Xani was further ordered to retract his defamatory statements, issue a written apology to Unisa and LenkaBula within 48 hours, and pay legal costs on a party-to-party scale.

In a related case, the Chairperson of Parliament’s Portfolio Committee on Higher Education, Honourable Teboho Letsie, also secured an urgent interdict against Xani after he falsely claimed that Unisa had awarded Letsie an R82 million security tender. The court interdicted Xani from repeating the allegation and ordered him to pay costs.

Unisa said Xani’s attorneys have since withdrawn from representing him and that he has failed to comply with aspects of the court orders. The university is considering further enforcement steps.

Welcoming the judgments, Unisa spokesperson Professor Boitumelo Senokoane said the rulings send a strong message that the institution will not tolerate the spread of falsehoods.

“These judgments affirm that no one is above the law and that the courts will act decisively where there is clear defamation and contempt,” Senokoane said.

“We remain fully committed to transparency and accountability. Where there are legitimate concerns, there are proper channels to raise them. However, we will not allow individuals to deliberately tarnish the reputation of the university and its leadership through lies and fabricated claims.

“The university will investigate and act against anyone, including students and those within its employment, who does anything unlawful. Whilst we are committed to protecting whistle-blowers, we will not hesitate to take head-on anyone who lies about the university, our council members, officials, employees or students and damages the name of this institution,” he added.