SSA seeks total media ban

The State Security Agency wants journalists and the public barred from the remainder of the R12-million trial of former intelligence officials Thulani Dlomo and Patrick Mshothola, claiming evidence could expose intelligence sources and methods.

Court hearing on Wednesday

The SSA filed a counter-application before the Gauteng Division of the High Court in Pretoria on Wednesday, twenty-first October, seeking an order barring both public and media from proceedings where evidence is led.

SSA's security concerns

The agency argues that testimony could expose intelligence-gathering techniques, operational infrastructure and cooperation arrangements with foreign intelligence services, extending beyond the specific charges the accused face.

Witness protection not enough

SSA Acting Deputy Director-General James Ramabulana says protecting witness identity through pseudonym or screening would not prevent disclosure of intelligence methods or sources during testimony.

“The SSA seeks the total exclusion of not only the members of the public from the court proceedings, it also seeks the exclusion of the media.”

Unpredictable evidence timing

Ramabulana argues that sensitive details could emerge unexpectedly during examination, cross-examination or evidence led by the accused in their defence, making partial closures inadequate.

“That is what keeps me awake at night.”

SSA denies shielding accused

Ramabulana says the agency's objective is to protect information concerning its sources, methods, techniques and operations, rather than to shield the accused from accountability.

“I have no interest in shielding them from accountability.”

Media groups challenge blanket secrecy

Media24, amaBhungane, Daily Maverick and the Campaign for Free Expression argue the SSA has failed to provide specific facts demonstrating how disclosure would harm national security.

Constitutional Court precedent

The media applicants rely on the Constitutional Court's two thousand eight Masetlha judgment, which held that classification alone does not justify protecting documents from media and public disclosure.

“the mere fact that documents in a court record carry a classification does not oust the jurisdiction of a court to decide whether they should be protected from disclosure to the media and public”

Information already public

Substantial information relevant to the trial has already entered the public domain through the Zondo Commission, the High-Level Review Panel on the SSA and previous media reporting, including details of Project Mayibuye.

SSA maintains sensitivity persists

The SSA argues that information does not lose sensitivity simply because some contents have been discussed publicly, as details appearing innocuous in isolation may reveal intelligence methods when combined.

October order and media response

On fourteen October, Judge Mashudu Munzhelele granted an order restricting public access to specified trial parts. Media organisations launched an urgent application after journalists were excluded from proceedings.

The R12-million Project Mayibuye case

Dlomo and Mshothola face allegations of misappropriating twelve million rand in SSA funds in two thousand fifteen through Project Mayibuye, allegedly obtained via fraudulent temporary cash advances linked to Korolo Investment Holdings.

Court urges continued engagement

The matter was adjourned until Thursday, twenty-second October, after legal representatives failed to reach agreement on document access. Judge Munzhelele urged parties to continue discussions before the court determines the issue.