Unisa's Legal Triumphs Amid Ongoing Scrutiny

The University of South Africa (Unisa), Africa's largest distance learning institution serving over 400,000 students, has recently notched significant court victories in defamation proceedings against vocal critics. These rulings, handed down by the Johannesburg and Pretoria High Courts in early February 2026, underscore the institution's determination to safeguard its reputation against unsubstantiated claims. As South Africa's premier open distance e-learning university, Unisa faces unique pressures from its scale and model, making reputation management crucial for maintaining stakeholder trust.

These cases highlight tensions between public criticism and legal boundaries in higher education, where institutions must balance transparency with protection from malicious falsehoods. Unisa's principal and vice-chancellor, Professor Puleng LenkaBula, has been a focal point, with critics targeting her leadership amid the university's efforts to address longstanding operational challenges.

Case One: Mandisa Mashego's Corruption Accusations

Mandisa Mashego, former Gauteng chairperson of the Economic Freedom Fighters (EFF), sparked controversy in a 2023 interview on The Penuel Show. She alleged Unisa was embroiled in investigations for issuing fake degrees, facilitating exam impersonation, conducting irregular classes, and widespread corruption in 'lots of things.' Unisa demanded a retraction and apology, which Mashego refused, leading to a R1 million defamation lawsuit.

Representing herself in the Johannesburg High Court, Mashego stood by her statements but provided no evidence. The judge ruled the claims unjustified, false, and damaging to Unisa's reputation, ordering her to pay R550,000 in damages plus interest from the date of demand. This outcome serves as a stark reminder that public figures must substantiate serious allegations, particularly against educational pillars like Unisa.

• Mashego's claims originated from perceived insider knowledge but lacked proof.
• The ruling emphasizes courts' role in verifying reputational harm in academic contexts.
• Post-judgment, Mashego reportedly lost employment linked to her activism.

Mogaila Mogashoa's Repeated Defamatory Posts

David Mogaila Mogashoa faced Unisa's wrath for social media posts labeling the university a 'cooldrink place' – implying frivolity – and accusing Professor LenkaBula of illicitly transferring funds to Lesotho. Unisa secured an initial interdict barring further statements, but Mogashoa persisted, prompting contempt proceedings.

The High Court issued a warrant for his arrest, reinforcing judicial authority. Unisa's legal team argued these fabrications eroded public confidence in its operations, especially critical for a distance-learning model reliant on digital credibility. This case illustrates how repeated online defamation escalates to criminal contempt in South African law.

Simamkele Xani's Multi-Year Campaign

Former Unisa student Simamkele Xani's attacks spanned 2021 to 2025, targeting students, staff, and leadership under pseudonyms like Sebako Attorneys. Key falsehoods included claims against Unisa's council and a fabricated R82 million security tender awarded to public figure Teboho Letsie.

The North Gauteng High Court granted a 2024 final interdict; Xani's non-compliance led to contempt findings. Penalties include a suspended 60-day jail term or R50,000 fine, mandatory retraction, a 48-hour apology, and full legal costs. Letsie's separate interdict further validated Unisa's position. Xani's attorneys withdrew, highlighting the perils of unrepresented defiance.

Unisa's Broader Institutional Context

Unisa, established in 1873 and converted to open distance learning in 2004, enrolls nearly one-third of South Africa's higher education students. It grapples with challenges like 2024-2025 exam irregularities, leadership transitions, and groups like SaveUnisa protesting Professor LenkaBula's reappointment over alleged maladministration.

Despite victories, Unisa refutes corruption claims through internal probes and transparency initiatives. Spokesperson Professor Boitumelo Senokoane affirmed: 'We protect whistleblowers but confront lies head-on.'Unisa's official site details reforms addressing exam security and governance.

Defamation Law in South African Higher Education

South African defamation law requires proving a false statement harmed reputation, with defenses like truth or public interest. Universities, as juristic persons, can sue, balancing Article 16 free speech protections. These Unisa cases affirm courts prioritize evidence over rhetoric, deterring baseless attacks on institutions vital to national development.

• Step 1: Prove publication of false, defamatory words.
• Step 2: Establish harm to good name.
• Step 3: Defendant bears burden of justification (truth/reasonable publication).

Experts note rising litigation as social media amplifies unverified claims, urging proper channels like Unisa's whistleblower policy.

Implications for Reputation and Operations

These wins bolster Unisa's credibility, crucial for attracting students and funding in a competitive landscape. False narratives exacerbate enrollment dips from past scandals, impacting revenue. Positively, rulings signal robust governance, aiding recovery.Career advice for SA academics emphasizes institutional stability.

Stakeholders, including the Department of Higher Education and Training (DHET), praise legal recourse, while critics decry 'silencing dissent.' Balanced views from academics stress evidence-based critique.

Stakeholder Reactions and Broader Perspectives

The EFF distanced from Mashego's personal claims, focusing on systemic issues. SaveUnisa continues advocacy via formal complaints, not defamation. Legal experts hail precedents for digital accountability. Students mixed: some relieved, others wary of chilled speech.

International parallels: UK universities sue over similar libels; US cases test First Amendment limits. In SA, universities like UCT face analogous suits amid protests.

Future Outlook and Reforms at Unisa

Unisa commits to enhanced exam integrity via AI proctoring and blockchain credentials. Leadership focuses on digital transformation, targeting 500,000 students by 2030. These victories pave way for focus on core mission: accessible quality education.

Explore higher ed jobs at Unisa or rate professors for insights.

Photo by Fabrizio Conti on Unsplash

Lessons for South African Higher Education

1. Proactive reputation monitoring via social listening tools.
2. Clear whistleblower protocols to channel concerns.
3. Legal preparedness for social media era.
4. Transparent communication builds resilience.

SA universities, facing funding squeezes and protests, can adopt Unisa's model. Link to SA higher ed jobs for opportunities amid stability.

In conclusion, Unisa's defamation triumphs reinforce accountability, urging critics toward constructive dialogue. For career growth, visit higher-ed-jobs, rate-my-professor, and higher-ed-career-advice.