Walter Senoko, the man whose R1-million payment to Mpumalanga politician Steve Mabona we exposed last week, obtained an interdict in the Pretoria High Court on Thursday preventing the Mail & Guardian from publishing certain follow-up information.
Senoko’s company, Positioning Corporate Underwriters and Insurance Consultants (PCUIC), failed in a similar gag attempt last week, after which the M&G exposed details of two R500 000 payments from PCUIC to Mabona.
The payments were made to Mabona within days of Mabona’s provincial department of public works having transferred R6,6-million to PCUIC in terms of an underwriting deal. Mabona denied the payments were kickbacks, but the M&G raised questions about the payments.
On Thursday this week, around the M&G 4pm publication deadline, Senoko convinced the Pretoria High Court to interdict the M&G from publishing further information concerning PCUIC.
Judge P van der Bijl concurred with the PCUIC argument that the M&G had not given Senoko enough time to respond to new allegations. The M&G had faxed questions to PCUIC lawyer Phatudi Maponya at 6.15pm on Wednesday, while Senoko was in Polokwane. PCUIC argued in court that it was not reasonable to expect answers before the M&G’s deadline.
Judge Van der Bijl ordered the M&G not to publish “any article of and concerning” PCUIC this week. In compliance with this order, an article which would have appeared alongside dealing specifically with PCUIC, Senoko and Mabona has been withdrawn.
A separate article, dealing with Mabona but not PCUIC and Senoko, appears on page two.
Judge van der Bijl’s judgement was in stark contrast to a judgement by Judge Eberhard Bertelsmann on Tuesday last week. Bertelsmann then rejected a PCUIC interdict attempt in which it was argued that the M&G was not entitled to documents detailing the two R500 000 payments to Mabona. Bertelsmann said the public had a right to know.
M&G editor Mondli Makhanya commented: “The M&G owes it to its readers and the South African public at large to air this matter to the full. PCUIC and Senoko should not be comforted by their temporary success this week, as we shall make every effort to publish the full facts.”