Dear Editor
In a shocking display of state overreach and misuse of public resources, the Department of Justice and Constitutional Development employed an advocate at taxpayers’ expense to assist Magistrate Ezra Morrison in securing an interim protection order against journalists – a process usually aimed at assisting victims of domestic violence and harassment.
This revelation, uncovered in a response to a Parliamentary Question by the Democratic Alliance, raises serious concerns about the government’s willingness to weaponise legal mechanisms to suppress oversight or criticism rather than uphold press freedom.
In response to the serious misuse of public resources, the DA will be calling for the States Attorney to account to the parliamentary committee on Justice and Constitutional Development and further posing parliamentary questions to the States Attorney to determine the extent of public resources being used to silence the media and represent state officials in personal matters.
This blatant abuse of resources demands immediate scrutiny, and the DA will ensure such scrutiny through its parliamentary oversight processes. The Department of Justice must be held accountable for why a magistrate was granted state-funded legal support for what is clearly a personal matter and not related to the processes provided for in the Protection from Harassment Act. The public deserves answers and accountability.
Magistrate Morrison is said to have ignored early warnings from psychological experts that the then 13-year-old boy, who is now accused of teenager Deveney Nel’s murder, was at high risk of offending again after he was accused of violently raping an 11-year-old girl.
Despite the fair comment and instead of utilising the established and cost-effective route of lodging a complaint with the Press Ombud, Magistrate Morrison was granted access to state-funded legal services by the State Attorney, including courtroom representation and affidavit drafting to obtain a protection order against the journalists.
It is particularly disturbing that the justification for this intervention hinges on the claim that journalists’ criticism of Magistrate Morrison’s rulings amounted to harassment.
Section 16 of the Constitution unequivocally protects the right to freedom of expression, which includes freedom of the press – a right that is regarded as the cornerstone of a constitutional democracy. Both the Magistrate and the State Attorney, as officers of the law, should have known better. If public officials can now access state-funded legal teams to suppress unfavourable reporting, then South Africa’s commitment to media freedom and accountability is in serious jeopardy.
These actions set a dangerous precedent, blurring the lines between public office, personal grievances, and freedom of the press. It flies in the face of the thousands of South Africans who must rely on the Clerk of the Court to assist them in obtaining protection orders.
Regards
Nicholas Gotsell MP
DA NCOP Member on Security and Justice
Fiend Oblivion
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