Twenty-three leading civil society and media organisations have written to Chief Justice Mandisa Maya to express “grave concern” over a recent gag order imposed on public interest journalism NPO Open Secrets.

Open Secrets is prohibited from sharing the court order or discussing any details such as the date it was granted, the judge who granted it, or the court which issued the order.

On Monday, 10 November, Open Secrets wrote on its website that they are “presently unable to speak on a matter of significant public importance.”

“We are not permitted to disclose anything related to the matter including the names of the parties that may be involved. What we can say is simple: efforts to muzzle public-interest journalism endanger everyone’s right to know.”

They will be challenging the gag order through their attorneys at PowerLaw Africa.

The civil society and media groups say Open Secrets has effectively been silenced, not only prevented from reporting, but from even explaining why it cannot do so.

The signatories to the letter addressed to the Chief Justice have warned that the order undermines South Africa’s constitutional commitment to open justice and the public’s right to know.

“Moreover, the breadth of the order immunises those who seek it and the court granting it from scrutiny, and so strikes at the very transparency on which public confidence in the judiciary depends.”

The letter urges the Chief Justice, in her capacity as head of the judiciary, to consider measures to safeguard against the excessive use of gagging orders, including:

• Issuing guidance to judicial officers reaffirming the presumption of open justice and cautioning against the harmful effects of pre-publication interdicts (so-called gagging orders); and
• Encouraging judicial education on balancing rights to freedom of expression, media freedom, privacy, and reputation.

The organisations note that the Open Secrets matter is not an isolated case:

“Reports suggest that similarly sweeping gagging orders are being more frequently sought, and granted, against journalists and civil society actors. If left unchecked, this pattern risks chilling public-interest investigation and eroding public confidence in the judiciary.”

The Signatories are:

• Neeshan Balton — Ahmed Kathrada Foundation
• Nicole Fritz — Campaign for Free Expression
• Kavisha Pillay — Campaign on Digital Ethics (CODE)
• Lawson Naidoo — Council for the Advancement of the South African Constitution (CASAC)
• Naledi Kuali — Defend Our Democracy (DoD)
• Janet Jobson — The Desmond and Leah Tutu Legacy Foundation
• Lord Ntambw and Moira Campbell — Corruption Watch
• Anton Harber — Free Expression Legal Network (FELN)
• Naseema Fakir — Helen Suzman Foundation
• Corlett Letlojane — Human Rights Institute of South Africa (HURISA)
• Dale McKinley — International Labour, Research and Information Group (ILRIG)
• Alison Tilley and Mbekezeli Benjamin — Judges Matter
• Mark Heywood — Justice and Activism Hub
• Wayne Ncube — Lawyers for Human Rights
• Nersan Govender — Legal Resources Centre (LRC)
• William Bird — Moxii Africa (formerly Media Monitoring Africa)
• Jimmy Kande — Platform to Protect Whistleblowers in Africa (PPLAAF)
• Roshnee Narrandes — Platform to Protect Whistleblowers in Africa (PPLAAF) –Southern Africa
• Phathiswa Magopeni — Press Council of South Africa
• Sithembile Mbete — Public Affairs Research Institute (PARI)
• Tebogo Khaas — Public Interest South Africa
• Uyanda Siyotula — SOS Support Public Broadcasting Coalition (SOS)
• Sasha Stevenson — Section27
• Reggy Moalusi — South African National Editors Forum (SANEF)