South Africa: Protection Orders Are Being Weaponised to Gag Those Exposing Injustice

If left unchecked, the use of protection orders as gagging orders will erode press freedom and civic activism and weaken the credibility of these legal protections for those who truly need them.

Listen to this article 6 min Listen to this article 6 min Limpopo-based freelance journalist Thomo Nkgadima was arrested three weeks ago, allegedly for breaching a protection order against him. Some of Nkgadima's recent reporting highlighted issues with the construction of a local hospital.

Those who obtained the order against Nkgadima? The people involved in the hospital's construction.

Sadly, Nkgadima's matter is only one of a recent spate of cases where protection orders are being cynically employed to target journalists, activists and whistleblowers.

Also in recent weeks, the interim protection orders and suspended warrants of arrest obtained by Mossel Bay Magistrate Ezra Morrison against News24 journalist Karyn Maughan and audience engagement editor Kelly Anderson were eventually set aside and cancelled. Morrison had sought these orders following Maughan's reporting of her alleged mishandling of a case involving the Deveney Nel murder accused.

Harassment and intimidation

And earlier this year, when Sunday Times investigative reporter Thanduxolo Jika phoned the Department of Basic Education's deputy director-general for comment on a recent story, she filed a complaint of harassment and intimidation against Jika and told the police that he had contravened a protection order she had obtained (there was none).

Two journalists at Carte...

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