Court grants restraining order against allegations of corruption involving Unisa tender

The Chairperson of the Parliamentary Portfolio Committee on Higher Education, Tebogo Letsie, has taken legal action to protect his reputation by obtaining a restraining order against Simamkele Xani, the deputy of the forum Save Unisa.

The order prevents Xani from publishing allegations that Letsie had secured a R82 million security tender from Unisa.

In a move to address the potentially damaging claims, Letsie issued an urgent application last week, seeking to halt Xani from publishing or republishing these allegations on various social media platforms. The court confirmed Letsie's contention that the allegations are defamatory as it directly implied corruption on his part.

The allegation was made in a letter written by Xani’s attorneys in November last year, in which it was claimed that the tender, stretching over three years, was corruptly made to Letsie. The letter was sent to various recipients. Xani has crossed swords with Unisa in the past regarding issues which include the appointment of the current vice-chancellor, Professor Puleng LenkaBula, and he is involved in other litigation with Unisa.

Judge Etienne Labuschagne noted that the “tone of the answering affidavit (made by Xani) is aggressive and hostile to the applicant". He also noted that in spite of being asked to retract the offending statement, it was repeated at least twice.

The publication took place days before a national conference of the ANC which Letsie had attended. The judge noted that the publication has the capacity to harm him in his political career.

Unisa, in a statement before court, said the allegation that the university’s principal and vice-chancellor secured the tender to Letsie is both false and defamatory. It said that Unisa has not in the past five years procured any security services.

Unisa further stated that these allegations were made by Xani without providing any proof for this statement. Unisa, in its statement before the court, took Xani’s attorney to task for not verifying the correct information, which it said could have been done easily.

It was also noted by the court that this statement by Xani has been made since 2021 and has given rise to previous litigation. In 2024, the court interdicted Xani from publishing defamatory statements against Unisa, its principal, and vice-chancellor.

The court was told that Xani regards himself as a whistleblower. “While it is an honourable thing to point out irregularities and the wastage of public funds, the facts on which the irregularities are based must be stated and must be correct,” the judge said.

Judge Labuschagne further commented that rather than dealing with the allegation complained of, Xani takes the applicant to task for “turning a blind eye to complaints” regarding Unisa, which he (Xani) has submitted to the Portfolio Committee on Higher Education.

The judge said Xani is ostensibly oblivious to the defamatory nature and the false accusations made against the applicant and “appears to take pleasure in the discomfort of the applicant".

He accepted the fact that Letsie said the matter was urgent, as he is suffering ongoing reputational harm due to Xani’s public statements.

Judge Labuschagne dismissed Xani’s defence that he had made a protective disclosure as untenable. He also dismissed the other defences that the allegation made in the lawyer's letter was privileged and confidential.

The judge, meanwhile, issued an interim gagging order, pending the final determination of the proceedings, to be instituted within 30 days.

Unisa, meanwhile, welcomed the judgment and reiterated its position that no such tender was ever awarded to Letsie or any individual or entity; and that the continued peddling of such a falsehood not only impugns his good name and dignity but that of the university and its Principal and Vice-Chancellor as well.

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