Parks Tau v Herman Mashaba and Others

The appellant, Parks Tau, an ANC member and former Mayor of Johannesburg, made statements at a funeral in August 2016 alleging that Herman Mashaba, his political rival and successor as Mayor, held sexist and racist views, including that women executives prostituted themselves to obtain positions and that Mashaba would not want to be black. Mashaba denied these allegations and, two months later, brought urgent motion proceedings in the Gauteng High Court seeking interim relief pending a defamation action, including retraction, apology, and an interdict against repetition of the statements. Tau opposed the application, contending that his remarks were political commentary, constituted fair comment and justification, and were a response to Mashaba’s own public statements perceived as sexist and anti-black. The High Court declared the statements defamatory and granted an interdict. Tau appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the application with costs, including the costs of two counsel.

The case reaffirms important principles in South African defamation and civil procedure law: courts may not grant relief not sought by the parties; interim interdicts against allegedly defamatory speech are rarely justified; and freedom of expression weighs heavily against prior restraints. It also clarifies the proper approach to defences of justification in motion proceedings and underscores the availability of damages as the ordinary remedy for defamation.