Harassment law weaponised to gag journalists and activists
At least nine recent cases document protection orders being used to gag journalists, whistle-blowers and activists in South Africa.
Two protection order applications were brought against a person involved in a multi-million rand fraud case, according to court records. However, neither application was successful in obtaining a permanent order. Throughout the past decade, no person of interest or suspect has managed to secure a permanent protection order against the individual.
IRS Forensic Investigations, a financial crime investigation firm in South Africa, reportedly submitted a report in June stating that at least nine recent cases have involved protection orders or their functional equivalents being used to silence journalists, whistle-blowers, and activists. One notable case involved a protection order obtained by Sunshine Myende, chair of the National Youth Development Agency, against Sunday Times journalist Sisanda Mbolekwa.
Myende requested a right-of-reply, a standard practice under the SA Press Code. The Campaign for Free Expression has documented these cases, highlighting a pattern of powerful individuals, public officials, and private entities exploiting the Protection from Harassment Act to intimidate journalists and disrupt investigations.
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