Courts must resist gag attempts. Journalists expose corruption and defend democracy by reporting without fear or favour.
While the reasons for it have yet to be disclosed, we welcome the High Court in Johannesburg’s decision to strike from the roll an attempt by businessman Collen Mashawana to stop Daily Maverick’s reporting on him.
That’s because a gag order would send a chill across the media and perhaps preclude them from the investigative work which is critical in a modern democracy beset by myriad problems.
Mashawana, through his Collen Mashawana Foundation, allegedly made at least two payments towards the R16 million mansion being built for Independent Development Trust (IDT) CEO Tebogo Malaka.
This while Mashawana allegedly benefited from a R60 million Expanded Public Works Programme tender through the IDT.
ALSO READ: Collen Mashawana’s bid to gag journalist struck off the roll
Daily Maverick journalist Pieter-Louis Myburgh earlier reported about, and obtained video evidence of, what he says was an attempt by Malaka to bribe him.
Mashawana still has the legal option to sue Myburgh and Daily Maverick if he believes he has been defamed.
Trying to stop journalists from doing their jobs is becoming increasingly prevalent, through attempts at getting protection orders, for example.
People who find themselves being probed by the media must not be allowed to try to shoot the messenger.
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