SA investigative journalism organization wins media freedom case

A respected South African investigative journalism organisation on Monday 3 July 2023 won a legal battle against a powerful businessman in a case that tested the country’s media freedom. The amaBhungane Centre for Investigative Journalism had earlier been barred from using documents acquired from a source in its reporting on controversial businessman Zunaid Moti — who claimed they were stolen. But High Court Judge Roland Sutherland on Monday set aside that order, describing it as “an abuse of the process of court”.

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The organisation had been running an in-depth investigation into the tycoon, accused of unscrupulous business dealings, including with President Emmerson Mnangagwa of neighbouring Zimbabwe. In a series of articles, amaBhungane exposed how Moti allegedly used his ties with Zimbabwe’s political elite to secure lucrative mining contracts. “A key dimension of effective investigative journalism is receiving information from sources that wish to remain anonymous,” wrote Sutherland. The judge stressed that “within limits… the law acknowledges the propriety of protecting sources from being unmasked”. A large part of the case, heard last week, focused on distinguishing between freedom of the press and protection of privacy.

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SUPPORT FOR MEDIA FREEDOM

“We are delighted at this resounding vindication of investigative journalism and amaBhungane’s role of pursuing it with integrity and in the public interest,” its editor-in-chief Sam Sole told AFP. In a recent interview with AFP, Sole pointed to the financial strain the centre, which relies on donations, faced in mounting a defence against someone with deep pockets. The amaBhungane Centre for Investigative Journalism is a non-profit with 13 journalists, funded by the public and NGOs, specialising in delving into political corruption. It draws its name from the Zulu word for dung beetle — a diligent species that fulfil a crucial role. Last month, the charity was stunned when another high court judge ordered it to stop publishing further reports into Moti and to hand over documents used for the investigation.

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The Moti Group is a conglomerate with a large international portfolio including property development, mining and aviation. It said in a statement it was considering appealing the judgement at the Constitutional Court because it “firmly believes that a factual finding was not made on amaBhungane’s possession of stolen documents”. “While I sincerely appreciate and support the freedom of the press, I do not believe that this can come at the expense of any person or entity’s constitutional right to privacy,” said the company’s CEO and South Africa’s former treasury boss, Dondo Mogajane. The court also ordered the Moti group to pay amaBhungane’s legal fees.

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© Agence France-Presse