Twenty-three leading civil society and media organisations have written to Chief Justice Mandisa Maya to express grave concern over the recent gagging order imposed on Open Secrets.

These organisations must surmise what the contents of that order are. Open Secrets is prohibited even from sharing the court order or discussing any details such as the date it was granted, the judge who granted it, or the court which issued the order. But there can be no mistaking its breadth: Open Secrets is effectively silenced, not only prevented from reporting, but from even explaining why it cannot do so.

The signatories warn that the order undermines South Africa’s constitutional commitment to open justice and the public’s right to know.

Moreover, the breadth of the order  immunises those who seek it and the court granting it from scrutiny,  “and so strikes at the very transparency on which public confidence in the judiciary depends”, write the organisations.

The letter urges the Chief Justice, in her capacity as head of the judiciary, to consider measures to safeguard against the excessive use of gagging orders, including:

Issuing guidance to judicial officers reaffirming the presumption of open justice and cautioning against the harmful effects of pre-publication interdicts (so-called gagging orders); and

Encouraging judicial education on balancing rights to freedom of expression, media freedom, privacy, and reputation.

The organisations note that the Open Secrets matter is not an isolated case. “Reports suggest that similarly sweeping gagging orders are being more frequently sought, and granted, against journalists and civil society actors,” the letter states. “If left unchecked, this pattern risks chilling public-interest investigation and eroding public confidence in the judiciary.”

Signatories
Neeshan Balton — Ahmed Kathrada Foundation
Nicole Fritz — Campaign for Free Expression
Kavisha Pillay — Campaign on Digital Ethics (CODE)
Lawson Naidoo — Council for the Advancement of the South African Constitution (CASAC)
Naledi Kuali — Defend Our Democracy (DoD)
Janet Jobson — The Desmond and Leah Tutu Legacy Foundation
Lord Ntambw and Moira Campbell — Corruption Watch
Anton Harber — Free Expression Legal Network (FELN)
Naseema Fakir — Helen Suzman Foundation
Corlett Letlojane — Human Rights Institute of South Africa (HURISA)
Dale McKinley — International Labour, Research and Information Group (ILRIG)
Alison Tilley and Mbekezeli Benjamin — Judges Matter
Mark Heywood — Justice and Activism Hub
Wayne Ncube — Lawyers for Human Rights
Nersan Govender — Legal Resources Centre (LRC)
William Bird — Moxii Africa (formerly Media Monitoring Africa)
Jimmy Kande — Platform to Protect Whistleblowers in Africa (PPLAAF)
Roshnee Narrandes — Platform to Protect Whistleblowers in Africa (PPLAAF) –Southern Africa
Phathiswa Magopeni — Press Council of South Africa
Sithembile Mbete — Public Affairs Research Institute (PARI)
Tebogo Khaas — Public Interest South Africa
Uyanda Siyotula — SOS Support Public Broadcasting Coalition (SOS)
Sasha Stevenson — Section27
Reggy Moalusi — South African National Editors Forum (SANEF)