Mashatile associates in legal action against Media24 over portrayal as ‘Alex mafia’

Two allies of deputy president Paul Mashatile went to the Johannesburg high court on Wednesday on an urgent basis to stop Media24 from referring to them in news reports as associated with the “Alex mafia” and the “mob” which they say is defamatory.

Media24 opposed their move, arguing it was a “prior restraint” and “abusive”.

Businessmen Bridgman Sithole and Michael Maile were listed by journalist Adriaan Basson in a 2007 article as being part of a “mafia” group in Alexandra township. At the time, Mashatile was the Gauteng finance MEC to whom this “Alex mafia” allegedly answered to.

Basson, now editor-in-chief at News24, in more recent articles claimed Mashatile obtained control of various agencies, while MEC, by appointing “friends and comrades”. While Sithole and Maile do not deny being long-time friends of Mashatile, they deny any illicit dealings.

Sithole and Maile, in court papers, say these allegations, despite being a “rehash” almost 15 years later, are “unsubstantiated and unproven”.

As a result of Mashatile’s appointment as deputy president, he is back in the media spotlight. They note that despite unrelated allegations against Mashatile now surfacing, “[They] get thrown under the bus as part of the exercise in discussing dodgy dealings”, said advocate Jonathan Berger in court on Wednesday.

They are seeking an interdict to stop Media24 from referring to them as members of the “Alex mafia”. The interdict is interim, until a judgment is reached in a defamation trial they intend bringing.

Media24’s response

Basson, responding in court papers, labelled this “an abusive effort at prior restraint [a so-called gagging order]”. Basson says it has been almost 16 years since the first article.

Aside from not using “the speedy remedies” of the Press Council, Sithole and Maile are now bringing this “all of a sudden” and are not acting against other media houses, such as the Daily Maverick or eNCA.

Media24’s counsel, Max Du Plessis, argued there were several “fatal flaws” in Sithole and Maile’s argument. For example, he told judge Ingrid Opperman, “they never confront case law that a prepublication ban is a very serious invasion of media freedom”.

Du Plessis argued there is no urgency in the matter, as their association with the “Alex mafia” is in the public domain. Media24 also argued “Alex mafia” is not defamatory as it has often been used in political discourse.

Judgment has been reserved.

moosat@businesslive.co.za