By Lehlohonolo Lehana.
The Gauteng High Court on Monday, has set aside an order gagging amaBhungane Centre for Investigative Journalism from reporting on documents belonging to the Moti Group.
The group approached the court to stop the investigative unit from using “stolen documents” to report on the Moti Group and its founder Zunaid Moti.
The group claimed reporters from the investigating unit were in possession of leaked documents.
The two Moti companies were granted an order last month, barring amaBhungane from using the documents in reporting for its #MotiFiles series of articles. However, the order was suspended after amaBhungane challenged it.
Gauteng Deputy Judge President Roland Sutherland overturned the order, arguing that the group’s prosecution of the case constituted an abuse of the court process.
“There must be consequences,” said Judge Sutherland in his order.
“There have been three hearings and prolific papers drawn. Had the applicants initiated an application in the ordinary way, even if by way of urgency, huge effort could have been spared. In such circumstances the appropriate order is to mulct the applicants by an order of costs on the attorney and client scale.
CEO of Moti Group and former director-general of Treasury, Dondo Mogajane, has hit out at the court’s decision to set aside a gag order.
Mogajane said that the amaBhugane journalists were infringing on the company’s right to privacy.
“The Moti Group is not about gagging the media. It’s not that the Moti Group doesn’t believe in freedom of expression. I’ve said it before and I will say it again – if anything is found untoward, certainly that will be addressed. And the media should know, and the media should take us on, but we are of the view that here, we are being treated unfairly.”
Sutherland set aside the ex-parte order in its entirety and also awarded costs to amaBhungane and its journalists.