National Editors Forum (SANEF) and notable
successes in the courts of law to uphold media
freedom, there is a growing concern about the
declining media freedom locally, especially in
periods of intense political contestation.

representations from bodies such as SANEF,
Campaign for Freedom of Expression (CFE) and
Media Monitoring Africa (MMA), who supported
amaBhungane with the case.
Media 24 versus the ‘Alex Mafia’

Principal concerns for
journalists: Some case
studies

In July 2023, two businessmen, Bridgman
Sithole and Michael Maile, with links to Deputy
President Paul Mashatile, filed an urgent order
with the Johannesburg High Court to prohibit
Media24 and its publications from referring
to them as the ‘Alex Mafia’ in any of their
communication or publications, including on
social media platforms.

A major concern for journalists is the rise
in the use of Strategic Litigation Against
Public Participation (SLAAP suits) by powerful
people in business and politics in order to
temporarily prevent journalists from making
public statements about their activities whilst
tying up the same journalists in the courts of
law. Journalists are forced to spend time and
resources defending SLAAP suits that have no
legal merit.

‘Alex Mafia’ is a term used to refer to a group of
former anti-apartheid activists from Alexandra
township in Gauteng who rose to positions of
power in government and became wealthy
through lucrative contracts with public entities.
(2)

The High Court dismissed the urgent
application and judge Ingrid Opperman stated
that the application was “an abusive attempt by
two politically connected businessmen to gag
a targeted newsroom from using a nickname
— “Alex Mafia” — by which [Sithole and Maile]
are popularly known and called by the public,
politicians, political commentators, other
newsrooms, and themselves — and have been
for at least 16 years”.

AmaBhungane versus Moti Group
After amaBhungane published a series of indepth investigative news articles labelled the
“Moti files” that were initially sparked by leaked
documents, the Moti Group made an urgent
application ex parte to the Johannesburg High
Court on 30 October 2023 to interdict reporting
and demand the immediate return of the
documents used in the investigative reporting,
claiming that these were accessed through
theft.

The judge also stated that such grievances
needed to be pursued via independent regulatory
channels such as the Press Council, which deals
with media and public disputes.

The South Gauteng High Court later set
the order aside on 3 July 2023 after judge
Ronald Sutherland found the original order by
Moti Group an “abuse of the process of the
court” and that “resistance to disgorgement
of information on the ground of protecting a
source is functional and not optional to the workprocess of investigative journalism” and ruled
that amaBhungane could continue publishing
their investigative stories and would not have
to return the Moti documents or reveal their
sources.

This order is interpreted, as confirmed by the
ruling, as an attempt to infringe on the freedom
of the media and freedom of expression by
politically connected figures.

Gender-based harassment
in the media
South Africa has witnessed a rise in online
attacks on women journalists by members
of political parties and internet trolls. The
journalists are threatened with rape, body
shamed and racially profiled.

The original order has been characterised as
an attempt to gag the media on reporting on
issues of public importance.
In recent years, South Africa has been using
lawsuits as a weapon — to intimidate, harass
and silence journalists — in carrying out their
responsibilities as the Fourth Estate.

According to Professor Glenda Daniels,
“We have seen trolling and online bullying of
women journalists in the past decade — [Karyn]
Maughan, Ferial Haffajee, Qaanitah Hunter, Sli
Masikane, Lindsay Dentlinger, Pauli van Wyk,
Marianne Thamm, Ziyanda Ngcobo, Tshidi
Madia, Julia Madibogo and Carien du Plessis

The case also reaffirmed the significant role
that the justice system plays in safeguarding
the constitutional rights of journalists in South
Africa as well as highlighted solidarity through
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