The media should have no right to identify any person being investigated, especially criminally, before formal charges have been laid in a court of law, the Supreme Court of Appeal heard on Tuesday. The court was hearing an appeal by Maanda Manyatshe, former CEO of the South African Post Office (Sapo) and head of MTN South Africa, against a 2006 court decision in favour of the Mail & Guardian. "You cannot name a person when police do not want to name [that person]," Manyatshe's lawyer, Vincent Maleka, told the court.
The high court in Johannesburg had held in favour of the Mail & Guardian publishing an article concerning allegations of fraud, violations of tender rules and contraventions of the Public Finance Management Act at Sapo while Manyatshe was its head.
While Manyatshe was head of MTN South Africa he applied unsuccessfully for an interdict to prevent the newspaper from publishing the article. Shortly thereafter he resigned his post at the cellphone company to clear his name.
Maleka asked the Supreme Court of Appeal to extend the rules of law that guide the balance between freedom of speech and a person's right to privacy, dignity and reputation. He submitted it should be wrong to name anyone being investigated, without exception, before formal charges had been formulated in court. Maleka said Manyatshe's fundamental rights were violated by the publication of the article.
The M&G's lawyer, Danny Berger, submitted that all past legal matters on the subject of defamation had already "established the law". Berger argued that the rule extension contemplated by Manyatshe would seriously affect the balance already established in law between freedom of speech and a person's right to dignity. He also submitted that the appeal was doubtful as the offending article had long been published. Even if the appeal was successful it would have no practical effect or result for Manyatshe, he said.
The SCA reserved judgement.
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