Four media groups challenge trial closure

Media24, Daily Maverick, amaBhungane and the Campaign for Free Expression filed an urgent high court application in Pretoria challenging the blanket exclusion of public and media from the criminal trial.

The trial and the order

The trial concerns former State Security Agency officials Thulani Silence Dlomo and Patrick Mshothola, accused of misappropriating twelve million rand in SSA funds. An order granted on fourteen October restricts access to evidence.

Blanket closure goes beyond the order

The applicants argue the order has been implemented as a blanket prohibition on public access, with three days of proceedings conducted in complete secrecy. The order does not authorise closing the entire trial in camera.

Journalist barred from courtroom

On Friday, sixteen October, News24 journalist Kyle Cowan was prevented from entering the courtroom after the public gallery was cleared. He travelled from Randburg to the high court in Pretoria but court security blocked him.

State withholds the application

During an adjournment, Cowan requested the court order and the application that led to it. The State provided the order but declined to release its application, citing classified information.

Constitutional violations alleged

The applicants argue the blanket exclusion violates constitutional guarantees of open justice, freedom of expression and access to information. Attorney Charl du Plessis states the blanket exclusion is not sanctioned by the order itself.

“The present blanket exclusion of media from proceedings is therefore not sanctioned by the order itself.”

The proposed framework

The applicants want the court to restore open proceedings as default and require any party seeking to withhold evidence on national security grounds to justify the restriction through a specific application, giving media opportunity to…

Balancing security and access

The proposed framework allows protected SSA witnesses to testify under pseudonyms or behind screens. Witnesses could testify in camera only if the court is satisfied that harm is likely, while considering whether accredited media could…

Handling evidence already heard

For proceedings already conducted behind closed doors, the media groups ask that parties seeking confidentiality identify specific transcript lines within five court days. Non-sensitive portions would be unsealed and released with protected identities redacted.

Documents withheld under the order

For documents withheld under the fourteen October order, the media groups propose they remain sealed temporarily, provided an application to justify continued protection is served within ten court days.Unreferenced documents would automatically become publicly accessible.

Dlomo's role in state capture

Thulani Dlomo headed the SSA's Chief Directorate for Special Operations from two thousand twelve to two thousand seventeen and was later appointed South Africa's ambassador to Japan.

Official findings on the directorate

The two thousand nineteen High-Level Review Panel found the SSA had become deeply politicised and factionalised, with the Special Operations Unit operating unlawfully and serving partisan political goals.

Project Mayibuye allegations

Dlomo and Mshothola are accused of misappropriating twelve million rand in SSA funds in two thousand fifteen under the guise of Project Mayibuye.

Korolo's involvement questioned

The charge sheet allegedly states the contract and invoices were fraudulent. Korolo's sole director told investigators he neither signed the agreement nor met Dlomo, prepared invoices at officials' request but the company never received payment…