SA govt bid to gag M&G fails in court

PRETORIA – The Pretoria High Court dismissed with costs an application by Parliament early on Friday morning to prevent the Mail and Guardian (M&G) newspaper from hitting the streets.

The application was brought at midnight by lawyers acting for the National Council of Provinces and its chairwoman, Joyce Kgoali, who objected to this week’s M&G edition revealing that a number of MPs, including herself, had not made full disclosures in Parliament’s register of members’ interests. “The Mail and Guardian found that several MPs had neglected to or forgotten to include their interests in various companies.The rules governing disclosure say all private work and business must be disclosed in the open section of the register with the details of payments included in the confidential section,” read a statement from the M&G.Lawyers claimed the newspaper had breached the confidential section of the register – which included details of payments – to publish details, a claim denied by the newspaper.Lawyers for the applicants also claimed that the action was brought because the article could “taint the image of the NCOP”.According to the M&G, Kgoali was out of the country and the decision to apply for the interdict was made by her office manager, Moroke Matutla.Matutla apparently said he had been instructed to stop publication by the Speaker of the National Assembly, Baleka Mbete, the deputy chairman of the NCOP, Mninwa J Mahlangu, and African National Congress deputy chief whip Andries Nel.Pretoria High Court judge George Webster dismissed the application with costs after hearing both sides, saying Matutla did not have locus standi (the right to represent and appear) on behalf of the NCOP.Webster also said Kgoali had other options open available to her instead of the urgent interdict.”We welcome the fact that the interdict was unsuccessful for there can be nothing more devastating for a newspaper than not being able to hit the streets.In addition, we view the action as an attempted infringement of our right to freedom of expression and maintain that Ms Kgoali’s office was given adequate opportunities to respond.It is a legitimate area of public inquiry to check up on the details of the register of interests,” said Ferial Haffajee, M&G editor.Attempts to get hold of Parliamentary spokesman Luphumzo Kebeni for comment were unsuccessful.- Nampa-Sapa”The Mail and Guardian found that several MPs had neglected to or forgotten to include their interests in various companies.The rules governing disclosure say all private work and business must be disclosed in the open section of the register with the details of payments included in the confidential section,” read a statement from the M&G.Lawyers claimed the newspaper had breached the confidential section of the register – which included details of payments – to publish details, a claim denied by the newspaper.Lawyers for the applicants also claimed that the action was brought because the article could “taint the image of the NCOP”.According to the M&G, Kgoali was out of the country and the decision to apply for the interdict was made by her office manager, Moroke Matutla.Matutla apparently said he had been instructed to stop publication by the Speaker of the National Assembly, Baleka Mbete, the deputy chairman of the NCOP, Mninwa J Mahlangu, and African National Congress deputy chief whip Andries Nel.Pretoria High Court judge George Webster dismissed the application with costs after hearing both sides, saying Matutla did not have locus standi (the right to represent and appear) on behalf of the NCOP.Webster also said Kgoali had other options open available to her instead of the urgent interdict.”We welcome the fact that the interdict was unsuccessful for there can be nothing more devastating for a newspaper than not being able to hit the streets.In addition, we view the action as an attempted infringement of our right to freedom of expression and maintain that Ms Kgoali’s office was given adequate opportunities to respond.It is a legitimate area of public inquiry to check up on the details of the register of interests,” said Ferial Haffajee, M&G editor.Attempts to get hold of Parliamentary spokesman Luphumzo Kebeni for comment were unsuccessful.- Nampa-Sapa