The “gagging” order granted by Judge John Holland-Muter on 1 June stopped amaBunghane from using the documents as the basis for its series of articles on the Moti Group.to return all the documents within 48 hours. This was revised following an urgent high court application launched by amaBhungane two days later, at which the parties agreed to an order that amaBhungane would not destroy or alter the documents.
“The elephant in this case is nor press freedom or a violation of privacy. Rather it is most egregious abuse of the process of court. It’s manifest that the order granted on1 June should never have been sought ex-parte still less granted,” Judge Sutherland ruled.DownloadSutherland also emphasised the importance of a free press saying there is a clear difference between stolen goods and leaked information.
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