Judge slams Two Oceans Marathon leadership in defamation ruling — A costly legal misstep
The Two Oceans Marathon hierarchy — led by its chairperson Toni Cavanagh — is keeping its cards firmly against its chest after a failed attempt to silence runner and blogger Stuart Mann for his articles in his Running Mann blog, which they deem to be defamatory and devoid of truth.
Gauteng Division of the High Court in Johannesburg Judge Seena Yacoob threw out the matter on 5 June 2025, after a few weeks of mulling over its merits. In her judgment, Yacoob was scathing of the Two Oceans leaders, stopping short of saying they had wasted her precious time. She dismissed the matter with grade C costs against the Two Oceans and Cavanagh. The costs are expected to be about R400,000.
In his articles Mann reported on alleged discrepancies in Cavanagh's professional CV, as well as questioning the chairperson's achievements as a runner. The runner/blogger also criticised the Two Oceans board following a permit breach that allowed more runners to start the 2024 edition of the race than had been stipulated.
As a result of this permit breach, the City of Cape Town confirmed to Daily Maverick that it had indeed pulled its sponsorship of the annual event. However, Cavanagh denied this when she spoke with this publication in the aftermath of the race.
Scathing judgment
'In this case neither of the applicants have made out a case that the esteem in which they are held is of a particular type. Cavanagh does not favour the court with her own full history nor does she demonstrate that she is viewed with any particular esteem or that she has a reputation for integrity and good leadership,' Yacoob wrote.
'Two Oceans does not contend that it has run its events in a manner reasonably beyond criticism and above board,' Yacoob continued.
'It does not even contend, let alone attempt to demonstrate that it has conducted its events in a manner compliant with its permits from the City of Cape Town. There is no attempt to demonstrate that any of the factual claims made in the publications are untrue, although there is a bald allegation that they are all false,' the judge stated.
'The applicants do not set out any factual background in the context of which I can conclude that the publications are defamatory. The applicants also do not plead facts from which the alternative questions of violations of the rights to dignity and privacy can be properly determined,' said Judge Yacoob.
Despite this harsh criticism, the Two Oceans says it is still considering its options, hinting at a potential appeal despite this costly defeat.
Ducking and diving
When Daily Maverick reached out to Cavanagh after the judgment was passed, she said she was a bit busy with meetings and would avail herself when things had settled down.
'I need to pop into a meeting right now and I will be able to talk to you either later today (5 June) or tomorrow. Preferably tomorrow,' Cavanagh said.
After confirming via WhatsApp that the following day (6 June) would still be fine to talk to her, Daily Maverick instead received communication from Two Oceans spokesperson Lindy-Joy Dennis — directing this publication to Rupert Candy (the Two Oceans' legal representative) for comment.
Candy told Daily Maverick on Friday, 6 June, that his clients had 'released a public statement which speaks for itself'. Candy said his clients would 'not be making any further statement at this stage, but reserve their right to do so in the next two weeks'.
Official Two Oceans response
'While the court accepted the urgency of the matter, the application was ultimately dismissed. We respect the Court's ruling, but are disappointed that the judgment did not substantively engage with the nature, tone, or personal impact of the specific language used — including statements which, in our view, extended beyond fair criticism into reputational harm and personal attack,' the Two Oceans said in the statement.
'We wish to clarify that the Court did not find Mann's statements to be truthful, justified, or ethically appropriate. The matter was dismissed on procedural grounds — not on the factual accuracy or moral acceptability of the comments made,' stated the Two Oceans.
'As an organisation, the Two Oceans Marathon has always welcomed scrutiny, transparency, and robust engagement — especially from the passionate running community we serve. However, it is essential that such engagement is carried out responsibly, respectfully, and with due regard for the rights and dignity of individuals,' it added.
'As custodians of the 'world's most beautiful marathon', we believe it is our duty to uphold the ethics of responsible engagement within the running community — not only on behalf of the organisation, but in the interest of all athletes, partners, sponsors, volunteers and stakeholders who are part of the Two Oceans Marathon legacy,' the organisation said.
'Our decision to pursue legal relief was not taken lightly, nor was it a frivolous attempt to silence criticism. It was a step taken to bring an end to ongoing public attacks that, in our view, undermined the integrity of the organisation and unfairly targeted individuals serving it in good faith,' the Two Oceans said.
Vindicated
Mann, however, believes the Two Oceans targeted him purely because of his reputation as a voice for the tight-knit running community. He said he was pleased to be vindicated by the courts.
'It was great to be 100% vindicated by a high court judge. She obviously considered it for a long time, about three weeks,' Mann told Daily Maverick.
'One of the things I've been exposing at Two Oceans with the current board has been the lies and the negligence. Ironically, that's what the judge ruled as well. I'm very happy with the result, because it was a bullying tactic on their side, to try to silence valid criticism of their ineptitude and negligence,' he said.
'In their statement they don't mention that they've received a cost order on grade C, which is the highest level. As well as the fact that the judge was completely scathing of them. But it's not surprising because it's what they've done, they've put their heads in the sand,' Mann stated. DM
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