Judge Defends Media Freedom and Public Right to Know About Court Outcomes

A judge has reiterated the importance of media freedom and the public’s right to access information about court outcomes, ruling against an advocate who sought to have a media house and journalist found guilty of defamation.

The case began when News24 published an article about advocate Kevin Maluleke, stating he was a dishonest lawyer who had been struck off the roll of advocates. In response, Maluleke approached the court, arguing that the article was defamatory and should be removed, as he was appealing the decision that led to his disbarment.

Maluleke, whose name had been struck from the roll of advocates, argued that because he was appealing the order, it suspended the original ruling, meaning the media was not permitted to report on the matter. However, Deputy Judge President Takalani Tatshibvumo, sitting in the Limpopo High Court, dismissed this argument, stating that the public’s right to be informed of court outcomes cannot be delayed simply because an appeal is pending.

The issue arose when News24 published an article headlined “Dishonest Limpopo Lawyer Struck from the Roll of Advocates, But Dismisses Ruling as a Joke,” which Maluleke claimed was unlawful and defamatory. Despite Maluleke being temporarily excused from the court hearing to attend to personal matters, the court proceeded in his absence and struck him from the roll. Maluleke later applied for leave to appeal the decision.

Judge Tatshibvumo commented that restricting the media from reporting on court outcomes during the appeal process would lead to a situation where judgments and orders could only be reported once an appeal is finalised, which could take years. This, he argued, would defeat the purpose of media outlets reporting on current events and public interest.

“If this approach by the court is correct, it would mean that the publication of any court outcome would be barred as long as an application for leave to appeal is pending. This would severely limit the public’s access to information and media’s role in reporting on timely events,” said the judge.

The court ultimately upheld the appeal, reaffirming that media outlets should be free to report on court outcomes as they occur, regardless of pending appeals.

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