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Tau defamation appeal case baseless: Mashaba’s legal representative

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Herman Mashaba’s Senior Counsel Dali Mpofu has told the Supreme Court of Appeal in Bloemfontein that Co-operative Governance Deputy Minister Parks Tau’s appeal should not be entertained as it is baseless.

Tau is appealing a high court ruling, which found that the comments he made about the former Johannesburg Mayor in 2016 were defamatory.

Tau had accused Mashaba of being sexist and anti-black.

The court interdicted Tau from repeating the statement, saying he stretched the boundaries of legitimate political criticism into character assassination.

Mpofu believes the high court in Johannesburg was correct in its findings.

“If you remember Mr Mashaba had not said the sexism words at all, then that flies out of the window. As far as the racism words are concerned if you remember all he said was that I do not like the fact that in the new South Africa I’m still being referred to as black and for that to be translated in to that he hates being black that’s another falsity,” says Mpofu.

“So on what conceivable basis could a defense of fair comment be sustained on that proven facts, zero.”

In the video below, Tau makes the remarks against Mashaba while addressing mourners at the funeral of ANC Councillor, Nonhlanhla Mthembu, in 2016:

Tau allegedly stated that Mashaba believed all female government officials were prostitutes who slept their way to the top.

This after Mashaba said if the wrong people are in the wrong positions, they are going to be removed after the DA was leading the coalition in the Johannesburg Metro.

In the video below, Mashaba talks to the media following a court hearing in which he is requesting that Parks Tau be ordered to apologise unconditionally and retract his statements:

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