The chair of the National Youth Development Agency (NYDA), Sunshine Myende, has withdrawn her application to gag Sunday Times political reporter Sisanda Mbolekwa.
Myende was previously granted an interim order in terms of the Protection from Harassment Act, barring Mbolekwa from reporting on her, sending her questions or using her photograph.
The order, granted in June, came after the newspaper published several articles about the NYDA, including a report on the agency’s plan to hire forensic investigators — apparently to smoke out staff who leak information — in what insiders said signalled the start of a purge. The plan included procuring specialists to pry into employees’ e-mails and phones.
Myende sought the interdict after Mbolekwa, who had been working on a new report, approached her to offer her a chance to comment, which is standard practice in journalism and a requirement of the South African Press Code.
The interim order barred Mbolekwa from “attempting to engage in harassment” of Myende or “enlisting the help of another person to engage in harassment” of her, the agency’s CEO, Ndumiso Kubheka, or its spokesperson, Camagwini Sixishe. It also prohibited the publication of Myende’s image without her consent or engaging with her through electronic communication.
The sheriff who served the interim order informed Mbolekwa last month that she was required to appear before the Randburg magistrate’s court to provide reasons why the order should not be made final.
We always saw it as an attempt to intimidate our reporter specifically, but also the media in general. It’s an outcome that vindicates the right of journalists to do their work freely, which is a victory for independent and probing journalism in South Africa.
— Mike Siluma, acting Sunday Times editor
In an affidavit Mbolekwa filed in support of her application to have the interim order set aside, with costs, she said Myende had abused the Protection from Harassment Act for ulterior motives, namely to punish and silence media reporting on matters of legitimate public interest.
The case was then postponed until August 14. However, on Friday, Myemde filed a notice of withdrawal, meaning the interim order falls away.
Myende’s actions in June attracted the ire of the South African National Editors’ Forum and the National Press Club. There were also questions in parliament over whether the matter was being pursued in Myende’s personal capacity or on behalf of the agency, and whether the NYDA was footing the legal bill.
Myende maintained that the application had been brought in her personal capacity, although it stemmed from issues connected to her role as chair of the NYDA. “Yes, it is in my personal capacity, and the matter would have been relating to my responsibility as the chair of the NYDA,” she said.
The acting editor of the Sunday Times, Mike Siluma, said the publication was pleased that the matter had been withdrawn.
“We always saw it as an attempt to intimidate our reporter specifically, but also the media in general,” he said. “It’s an outcome that vindicates the right of journalists to do their work freely, which is a victory for independent and probing journalism in South Africa.”
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