A top basic education official named in an explosive Sunday Times report has taken the extraordinary step of opening a “harassment and defamation case” against senior investigative journalist Thanduxolo Jika — apparently for calling her to comment on the allegations against her.
Gauteng police have confirmed that Dr Naledi Mbude-Mehana, a deputy director-general in the national department of basic education, filed the complaint against Jika.
According to senior police insiders, Mbude-Mehana told police that Jika had violated a “protection order” issued by the police, which she had obtained against him for “harassing” her.
However, Jika was never told about such an order, making it impossible to have violated it.
When contacted for comment on Friday, Mbude-Mehana denied the existence of any protection order against Jika, saying: “I don't know of any protection order. Mr Jika should know what is in the statement. There is no protection order.”
Mbude-Mehana's moves to silence Jika have been criticised by the South African National Editors Forum (Sanef), as well as leading media rights lawyer Dario Milo, who was instrumental in getting defamation removed as a criminal act.
Milo said there was a worrying trend worldwide and in South Africa. “Those who are the subject of criticism on matters of public interest either lay bogus criminal charges against the journalist or try to obtain a protection order for harassment — when all the journalist is doing is their job.
"Resorting to the criminal law or harassment civil law when there are other remedies — such as a Press Council complaint and a defamation civil action — is in my view a form of strategic lawsuit against public participation.
“This is an abuse of the legal process designed to stifle criticism and legitimate public interest reporting,” said Milo, a partner at Webber Wentzel and a member of a high level panel of legal experts in media freedom.
Despite neither Jika nor the Sunday Times being served with a protection order, case number 427/12/2024 was opened at the Midrand police station on December 13.
The case is being investigated by Sgt Tshimangadzo Muoki, who joined the police force in 2018 from G4S Security.
The case was opened after Jika reported in December that the Hawks were probing allegations of a conflict of interest and irregularities related to a multimillion-rand Eastern Cape government tender involving Sizwe Africa IT while Rev Vukile Mehana was the company’s executive chair.
Mehana married Naledi Mbude-Mehana, then a department employee, just months after two payments totalling R330m were made to Sizwe Africa IT, the Sunday Times reported.
Gauteng police spokesperson Col Dimakatso Nevhuhulwi this week said: “As per the case number you provided, that is harassment/defamation of character opened and once the investigation is finalised, the docket will be referred to the prosecutor for a decision.”
According to the statement given by Mbude-Mehana to the police, she received a message from the journalist requesting a comment from her regarding the Hawks’ investigation, in which she is mentioned by name.
“The complainant asked for the Hawks case number but the journalist failed to give the complainant the case number. The journalist published the article stating that the complainant and husband (received money) and she was paid the amount of R330 million...
“The complainant started to see [a] car following her from meetings. She is afraid for her life…,” reads parts of the statement recorded by police in Midrand.
A day after the case was opened, Jika received a call from Muoki asking him to report to Midrand police station for a warning statement. However, Jika was in the Eastern Cape and Muoki agreed to meet Sunday Times lawyers and Jika upon his return this month.
Muoki contacted Jika this week, asking him to present himself to the police.
Sunday Times lawyers’ have prepared a warning statement that they, together with Jika and editor Makhudu Sefara, will present to the police tomorrow.
The Sunday Times has established that Mbude-Mehana has been in constant contact with Muoki since last Wednesday.
Sanef executive director Reggy Moalusi condemned Mbude-Mehana’s behaviour as intimidation.
“It’s unacceptable that a journalist can be intimidated simply for doing their work,” he said. “There must be reasonable ground on why journalists are contacted to make statements, not for doing their work. We do hope after engaging the SAPS management, this matter can be resolved without any further intimidation of Thanduxolo Jika.”
In December, the Eastern Cape education department released a statement confirming receipt of the Hawks’ letter requesting information regarding the payments to Sizwe Africa.
The letter, seen by the Sunday Times, revealed that the Hawks' investigation stemmed from an inquiry by the provincial treasury that began in June 2022.
Hawks spokesperson Brig Nomthandazo Mbambo confirmed there is an ongoing investigation relating to the Sizwe Africa contract.
After the Sunday Times report, Sizwe Africa revealed that it had reported financial irregularities regarding the contract to law enforcement.
“It was these irregularities that were reported for investigation and that are currently being investigated. Sizwe, therefore, cannot comment on the investigation as it is still current. Mehana was the executive chair of the Sizwe Africa IT board during the 2022/2023 financial year and active in the business during this period,” said PR executive Kaz Henderson, speaking on behalf of Sizwe Africa.
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