Mazetti Management Services (Pty) Ltd and Another v Amabhungane Centre for Investigative Journalism NPC and Others (2023-050131)
Mazetti Management Services (Pty) Ltd and Another v Amabhungane Centre for Investigative Journalism NPC and Others (2023-050131) [2023] ZAGPJHC 771; 2023 (6) SA 578 (GJ) (3 July 2023)
The court found that the applicants' use of the ex parte procedure was an egregious abuse of process, given the extensive prior engagement and the absence of any credible threat that the respondents would destroy the documents. The principle of audi alterem partem was violated without justification. The applicants failed to establish a proprietary right to the digital documents sufficient to justify a rei vindicatio, and the respondents' refusal to disclose the documents was justified by the need to protect journalistic sources. The court held that prior restraint on publication is only permi…
Source excerpt
- Ex Parte Applications
- Audi Alterem Partem
- Freedom Of Expression
- Media Interdicts
- Confidential Information
- Source Protection