JOBURG mayor Herman Mashaba has scored a major victory towards his R2million defamation lawsuit against his predecessor, Parks Tau.
Judge Willem van der Linde ruled at the High Court in Johannesburg on Friday that Tau’s 2016 comments defamed Mashaba.
Speaking at a funeral of the late ANC Councillor, Nonhlanhla Mthembu, Tau made remarks implying that Mashaba was sexist and anti-black.
Tau had said: “The City of Joburg is today led by a man who believes that women who are senior executives prostituted themselves.
"He says that for them to earn the positions they had to sleep with the leadership”
“We've heard views from Mayor Mashaba who says that if it were up to him he wouldn't want to be black.”
Mashaba took offence and lodged defamation litigation against Tau. Ruling in Mashaba’s favour, Judge Van der Linde said Tau’s defence for his comments did not hold water.
Tau maintained he was reacting to Mashaba’s comment that he would purge wrongfully appointed officials.
In this statement, Mashaba said: “If the wrong people are in the wrong positions, they are going to be purged. The days when they allowed their girlfriends to run state institutions are over.”
Judge Van der Linde said Tau’s defence was flawed and that Mashaba largely accused the ANC of nepotism.
“The implication is clearly that, at least potentially, they (the ANC leadership) could have filled senior female positions in the City with persons with whom they could have had close relationships.
"The applicant (Mashaba) had thus accused the party of his predecessor of nepotism in the appointment of senior females.
“(Tau’s) statement accordingly does not qualify as fair comment, and defamation has been established.”
Mashaba yesterday said now that it has been established that Tau defamed him, he would proceed with his R2m lawsuit.
“Should I succeed in my later envisaged defamation lawsuit, I will also donate those proceeds to an organisation supporting women in need in Johannesburg,” said Mashaba.
Judge Van der Linde also ruled that Tau defamed Mashaba by saying “in fact if it were up to him he would not want to be black”.
Tau was ordered to retract his comments and apologise to Mashaba. He would also have to pay Mashaba’s legal costs.