GQEBERHA – The Nelson Mandela University (NMU) has secured a major legal victory in the high court in Gqeberha after obtaining a final interdict against an administrative assistant who accused the institution of systemic racial discrimination across public social media networks.
Judge J.W. Eksteen ruled that the employee’s public statements were highly defamatory and that his actions unlawfully tarnished the university’s corporate and academic reputation.
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The respondent, Yonela Mashalaba, is employed as an administrative assistant for the Chair for Human Settlements within the NMU’s Faculty of Engineering, the Built Environment and Technology.
Grievances aired repeatedly, escalated sharply
The legal warfare traced its origins back to the second half of 2025 when Mashalaba lodged a series of formal internal grievances. He was deeply dissatisfied with the appointment of a new head of department for Building and Human Settlements Development. Mashalaba alleged that the university had intentionally discredited a highly qualified black female candidate to appoint a white male applicant who, he claimed, did not meet the basic criteria.
When he remained unsatisfied with the university’s internal explanations and investigations, Mashalaba escalated the matter, writing letters to the chairperson of the university council and ultimately to the Parliamentary Portfolio Committee on Higher Education. The vice-chancellor of the NMU provided a written explanation to Parliament, clarifying that all appointments and allegations of bias were handled strictly in accordance with institutional policy.
This explanation satisfied the parliamentary committee, but Mashalaba continued his campaign, accusing the vice-chancellor of intentionally misleading Parliament. He also targeted the university’s independent ombud, claiming the ombud had been “handpicked” to prejudice him.
Campaign culminates in social media statements
The breaking point occurred in December 2025 when Mashalaba published extensive public statements on his personal Facebook and LinkedIn profiles under the heading: “Public Statement: Urgent Call for Assistance Regarding Discrimination and Non-Payment at Nelson Mandela University”. In these posts, he accused NMU of fostering “systemic racial discrimination” and claimed he was being targeted by his director via the faculty contracts committee, which had allegedly resolved to withhold his salary for work he had performed over the preceding seven months.
The NMU approached the high court on an urgent basis and secured an interim rule nisi on 30 December 2025. On the return date, Judge Eksteen ruled that an individual’s constitutional right to freedom of expression does not extend to the right to disseminate unproven, defamatory falsehoods about their employer. The court subsequently confirmed the interdict, making it final.
Mashalaba is now permanently prohibited from publishing any further statements, memes, comments, or video clips accusing the NMU or its staff of racial discrimination, bullying, harassment, or non-payment.
