Non-profit organisation Open Secrets is celebrating the lifting of a gag order, after it won against an urgent interdict, which sought to silence the organisation and prevent the publication of information relating to Integrated Convoy Protection’s (ICP’s) contract to supply armoured vehicles to the United Arab Emirates (UAE).
Earlier this month, Open Secrets issued a statement saying it could not speak on a matter of significant public importance.
“We are not permitted to disclose anything related to the matter including the names of the parties that may be involved. What we can say is simple: efforts to muzzle public-interest journalism endanger everyone’s right to know,” it said.
Twenty-three civil society and media organisations then urged Chief Justice Mandisa Maya to consider measures to safeguard against the excessive use of gagging orders imposed on Open Secrets.
The civil society and media organisations urged her to issue guidance to judicial officers reaffirming the presumption of open justice and cautioning against the harmful effects of pre-publication interdicts.
On Thursday, the Western Cape High Court dismissed the urgent interdict application brought by ICP against Open Secrets.
Open Secrets welcomed the order handed down by Acting Deputy Judge President Nathan Erasmus and called it a “victory for long-standing journalistic practice”.
“We trust that this victory sends an important signal to those seeking to conceal their impropriety; our courts will not undermine the democratic principles of transparency and accountability for the sake of commercial and reputational interests, especially where that interest is premised on potentially unlawful conduct,” the organisation said in a statement.
Open Secrets revealed that the ICP became aware of the article it had intended to publicise on ICP's contract to supply armoured vehicles to the UAE when the organisation sent ICP a ‘right of reply’ letter.
The ICP responded with an interdict.
“Prior to the hearing, Open Secrets was prevented by the interim order delivered by Acting Judge Gavin Cooper from discussing the details of the application or the gag order,” it said.
Open Secrets highlighted that efforts to muzzle public-interest journalism endangered everyone’s right to know.
“Open Secrets will not be cowed by attempts to silence our investigations. We will continue to assert and fulfil our right – and duty – to publish fair, fact-based investigations in the public interest,” it said.
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