The Gauteng High Court in Johannesburg has dismissed an urgent application filed by Theuwedi Trading Enterprise and its sole director, Nakampe Aubrey Moliwa. The applicants sought to compel the removal of a news report concerning the murder of Mpho Mafole, a senior forensic auditor for Ekurhuleni.
Court Ruling on Press Freedom
Judge Elmien du Plessis delivered the judgment the day before World Press Freedom Day, which is recognised on 3 May. The court found that the reporting did not cross the threshold of legally unacceptable speech.
While Judge du Plessis accepted that the article implied the applicants were among those for whom Mafole’s investigation posed a threat or problem, she ruled it did not accuse them of complicity in the murder. The judge stated the story did not claim the applicants arranged the killing, paid for it, or acted in concert with the perpetrators.
the court noted that the article did not identify any factual link between the applicants and the arrested suspect, Thabani Goodwill Ntshalintshali.
The Mafole Investigation and Tender Irregularities
Mpho Mafole was murdered on 30 June last year. His death occurred three days after he published an audit report detailing irregularities in the awarding of a R1.8 billion chemical toilets tender in the Ekurhuleni Metropolitan Municipality.
Theuwedi Trading Enterprise was one of 15 contractors appointed for the project. In 2022, the municipality appointed the company for the hiring, delivery, and maintenance of chemical toilets, despite the company having a registered address more than 400km from Ekurhuleni.
Reporting indicates the municipality paid the company more than R100 million for contracts that were among the last probed by Mafole before his death.
Public Interest and Legal Consequences
Advocate Adrian Friedman, appearing for Media24, editor in-chief Adriaan Basson, and investigative journalists Sikonathi Mantshantsha and Jeff Wicks, argued that it was manifestly in the public interest to know the details of the tender.
The applicants had argued that the story from 16 April carried a defamatory implication that the company was non-existent and that Moliwa was corrupt or dishonest. However, Judge du Plessis found no evidence of these claims in the story.
The judge concluded that the reporting addressed municipal tender compliance and public expenditure, which she described as a matter of high public benefit. The application was dismissed, and the applicants were ordered to pay the respondents’ costs, including the costs of two counsel.
Further legal challenges from the applicants are possible, and the details of the R1.8 billion tender may continue to be a subject of public and legal scrutiny.
For more on the investigation, see: Ekurhuleni millions: Questionable operations of shadowy company involved in toilet scandal and Tracked, traced and eliminated: How Mpho Mafole was murdered.
Frequently Asked Questions
Why did Theuwedi Trading Enterprise apply to the court?
The company and its director, Nakampe Aubrey Moliwa, filed an urgent application to compel the removal of an article they argued implied they had a motive to murder forensic auditor Mpho Mafole and that the company was not conducting lawful business.
What was the nature of the tender investigated by Mpho Mafole?
Mafole investigated a R1.8 billion chemical toilets tender in the Ekurhuleni Metropolitan Municipality, reporting on irregularities in how the tender was awarded.
What was the court’s final decision regarding the costs of the case?
Judge Elmien du Plessis dismissed the application and ordered the applicants to pay the respondents’ costs, which included the costs of two counsel.
Do you believe the public interest in municipal spending outweighs the potential “unease” created by investigative reporting?
