National Youth Development Agency (NYDA) chair Sunshine Myende has been granted an interim order by the Randburg magistrate’s court preventing Sunday Times journalist Sisanda Mbolekwa from reporting about her, sending her questions or using her photograph.
The order, granted two weeks ago, comes after the newspaper published several articles about the NYDA, including a report on the agency’s plan to hire forensic investigators — apparently to smoke out staff who leak information — in what insiders said signalled the start of a purge. The plan included procuring specialists to pry into employees’ e-mails and phones.
Myende sought the interdict after Mbolekwa, who had been working on a new report, approached her to offer her comment, which is standard practice in journalism and a requirement of the South African Press Code.
The court order bars Mbolekwa from “attempting to engage in harassment” of Myende or from “enlisting the help of another person to engage in harassment” of her, of the agency’s CEO Ndumiso Kubheka or of its spokesperson Camagwini Sixishe.
It also prohibits the publication of her image without her consent or engaging with her through electronic communication.
The media has a constitutional right to publish the truth and report on anything that is in the interest of society
— Llewelyn Curlewis, University of Pretoria legal expert
The granting of the order has been slammed by legal experts as an abuse of power and court processes.
“The media has a constitutional right to publish the truth and report on anything that is in the interest of society,” said Llewelyn Curlewis, senior law lecturer at the University of Pretoria.
In her application, Myende said Mbolekwa had “forced communication” with her on March 12 by e-mailing her and giving her a deadline to respond to questions by “the following day or before 8pm”.
She says this article was published on March 15 “without any input or consent” from her. “Moreover she thereafter made use of [Myende’s] image to push her unfounded narrative. She further used [Myende’s] image in order to enable bullying.”
The court application said that on May 30, “to inflict further harassment on the applicant”, Mbolekwa again tried to contact Myende by WhatsApp, and “by doing so infringed [her] right to privacy”.
On May 31, Mbolekwa again published an article and a photo of Myende. “The constant usage of images is done with the sole intention to harass the complainant,” Myende says in the application.
The interim order was granted ex-parte — without the Sunday Times being represented in court.
Myende was represented by Galaletsang Pahakedi, an attorney and MD at Phakadi Attorneys, which is on the panel of attorneys rendering services for the NYDA.
As a news platform, we are appalled at Ms Myende’s attempt to prevent our reporter from doing her legitimate job of reporting on developments in a state institution such as the NYDA, which is funded by the public purse
— Mike Siluma, Sunday Times/TimesLIVE acting editor
“My take on it is an abuse of power,” said Curlewis, adding that such interdicts were usually ordered by the high court. “In this instance, [Myende] knew very well they wouldn’t succeed with the interdict in the high court, so they abused the process of the magistrate’s court to get such an order.”
He said a magistrate had the discretion to refuse to grant such an order.
Sunday Times/TimesLIVE acting editor Mike Siluma said: “As a news platform, we are appalled at Ms Myende’s attempt to prevent our reporter from doing her legitimate job of reporting on developments in a state institution such as the NYDA, which is funded by the public purse.
“All Mbolekwa did was ask questions of Myende, in order to reflect her side of the story. This is, unfortunately, part of a growing pattern where some who hold public positions of authority seek to use the justice system to suppress reporting that is not to their liking.”
Siluma said seeking a right of reply “from those named in stories is standard procedure for all credible media outlets”.
“The Sunday Times/TimesLIVE will not be deterred from doing its duty of holding those in public office to account. We have taken steps to challenge the order in court,” he said.
The South African National Editors Forum (Sanef) said the case was cause for concern and should be condemned.
Reggy Moalusi, executive director of the South African National Editors Forum (Sanef), said: “We all need to be concerned when a senior public sector official seeks to silence a journalist through the courts. WAs Sanef, we will always condemn such and argue that journalists have every right to ask whatever hard questions they deem fit.”
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