Interrogation of journo reporting on court case condemned

A Sowetan reporter who went to court to report on the case of a Mpumalanga lawyer and former Old Mutual employee accused of defrauding pensioners of R12m found herself in the dock and being interrogated on why she was covering the story.

Social Justice reporter Nandi Ntini had gone to the magistrate's office at the Secunda magistrate's court, where she introduced herself and handed magistrate Graham Cupido an application to record and report on the proceedings.

Ntini said when the trial got under way later, Cupido stated in court that there was a request from the media to cover the proceedings and asked the prosecutors and the legal representatives of the two accused if they objected. The lawyers said they were objecting.

“When accused number one, who is an advocate representing himself, said he objected, the magistrate asked him if he wanted me to come on the stand to state why I want to cover the story. The advocate agreed then that’s when I went to the stand and took an oath,” said Ntini.

While on the stand, Ntini said she fielded questions from the prosecutor, the advocate and the lawyer of the former, an Old Mutual employee. At the end of the interrogation, she was denied the right to cover the case.

Sowetan editor Sibongakonke Shoba condemned the incident, calling it an “unfortunate attack on media freedom”. He said: “The action of the presiding officer prevented this publication from carrying out our duty. It is also unfortunate that a young journalist was interrogated for merely doing her job.

“We will seek legal advice on how we can overturn the magistrate's decision so we can be able to report on the case freely without any intimidation.”

Sanef chairperson Makhudu Sefara said that Cupido ought to know that justice must not only be done but must be seen to be done, especially by those who approach the courts seeking answers and for whose benefit the media reports.

“Forcing a journalist to take the stand without their legal representation and then deciding to bar them from attending the proceedings is draconian,” he said. 

According to Mbekezeli Benjamin, researcher at Judges Matter, there was no reason for Cupido to question the journalist’s editorial decisions “and certainly no reason for a complete media blackout”.

His words were echoed by media lawyer Willem de Klerk, who said: “The Supreme Court of Appeal has made it clear that the principle of open justice is fundamental to the right to freedom of expression. Limiting that right should only take place in highly exceptional cases.”

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