The Moti Group's chief executive Dondo Mogajane went on Radio 702 on Monday evening to declare that Monday's court case was only the first round in the legal battle, writes the amaBhungane team.
A High Court order has set aside an ex-parte order gagging amaBhungane from reporting on leaked files relating to Zunaid Moti and the Moti Group. File image.
Not only that but when amaBhungane sought to vindicate its rights and be heard for the first time in front of Sutherland, the Moti Group attempted to bolster its original case on which the gag order was granted. Sutherland said this, too, was an abuse of process. In doing so, he reaffirmed some of the key principles of media freedom and delivered a rebuke of the Moti Group's unrelenting propaganda. Sutherland noted that the first point of contestation was whether amaBhungane should be compelled to 'return' the 'stolen' Moti Group documents. For months the Moti Group has argued that amaBhungane were"accomplices, after the fact, to theft".
He pointed out that the Moti could use their right or reply, or sue for unlawful defamation. But that"prior restraint" of the media – or a gagging order – was not justified.Worryingly, the Moti Group's chief executive Dondo Mogajane went on Radio 702 on Monday evening to declare that this was only the first round in the legal battle.
Mogajane tried to justify the Moti Group's actions, saying an ex-parte application is"allowed in law."
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