Scorpions\' bid to gag newspaper rejected by High Court

Judge Hilton Epstein said the National Director of Public Prosecutions (NDPP) had failed to show how publication of the reports would compromise its investigation, according to a report on the IoL site. Epstein said no rights in the Constitution were absolute. In certain instances it was necessary to balance certain of the rights contained in the Bill of Rights. Counsel for the NDPP, Mike van der Nest, had argued that publication would severely undermine the State\'s right to a fair trial. Counsel for the Mail & Guardian contended that the matters at hand were gripping the nation. The judge responded: ‘This is a matter – and I refer to the Kebble murder and the arrest of Glenn Agliotti – which is unsettling the nation. It is reducing public confidence in the authorities.’ Epstein found that the articles were in the interest of the public ‘and it is in the interest of the public today’. While the article may contain ‘explosive statements’, any restriction on the public\'s right to know could only aggravate society\'s distrust. Full report on the IoL site

’We\'re absolutely elated,’ said M&G editor Ferial Haffajee. ‘Of the three attempted interdicts we\'ve won this year, this is the most important because, as the judge says, it is a matter of fundamental public importance.’ A Mail & Guardian Online report says that hours before its print deadline yesterday afternoon the M&G received a letter from the Office of the State Attorney, on behalf of the Scorpions, warning that if the newspaper failed to undertake not to publish a story relating to the Selebi-Agliotti scandal, an urgent interdict would be sought. The report was the latest instalment in the long-running series of exposés detailing the links between Selebi, murdered mining magnate Kebble, the man accused of his murder, Agliotti, and organised crime. The NDPP claimed that questions submitted to the police by the M&G suggested that its reporters had ‘unlawful’ access to a witness\' affidavit. In court papers it contended that access to the affidavit was ‘totally unauthorised’, that the investigation of which the statement was part, was extremely confidential and that access to the statement was restricted to no more than five people. The investigation was into an extensive network of organised crime in South Africa and abroad. Van der Nest told Epstein it was one of the most extensive, complex and sensitive investigations the DSO had ever undertaken, focusing on drug dealing, racketeering, money laundering and corruption. Some of the allegations under investigation included targeted corruption of law-enforcement personnel. Full Mail & Guardian Online report

Earlier yesterday, the media came under fire for the way it has covered the investigation into the murder of Kebble. National Prosecuting Authority head Vusi Pikoli said: ‘There often is no attempt to consult with the NPA or directorate of special operations (Scorpions) before publishing information as to the effect it will have on sensitive ongoing investigations,’ he said. ‘Names of potential witnesses are published without any apparent regard to their safety. This also discourages other witnesses from coming forward.’ According to a News24 report, Pikoli said reports were published where ‘sensationalism, rather than substance, appeared to be the order of the day’. He also accused journalists of ‘spinning’ information instead of publishing the objective version. Full report on the News24 site

The SA National Editors\' Forum (Sanef) has expressed its concern at the allegations. Deputy Sanef chairperson Thabo Leshilo is quoted in a Mail & Guardian Online report as saying: ‘Sanef would like to assure the director that editors in SA are not in the business of thwarting investigations by the Directorate of Special Operations and the NPA or in any way \'hindering the course of justice\', as he alleges.’ Sanef encouraged the director to raise specific complaints about specific journalists with their editors. ‘He is also welcome to take up these matters with the press ombudsman of SA.’ Full report on the Mail & Guardian Online site