An eleventh-hour attempt by National Director of Public Prosecutions Vusi Pikoli to gag the Mail & Guardian was dismissed, with costs, on Thursday night.
Pikoli sought an urgent interdict in the Johannesburg High Court to prevent publication of the articles “I told Selebi about Agliotti” and “Selebi’s Sandton shopping sprees“.
A supporting affidavit by Scorpions head Leonard McCarthy claimed that, if published, “the investigation with which the [Scorpions] is currently involved will be harmed irreparably”.
Judge Hilton Epstein dismissed the application after 10.30pm — well after the M&G’s usual print and distribution deadlines — saying that Pikoli had failed to show how the Scorpions investigation would be compromised.
Epstein emphasised that the circumstances of Brett Kebble’s murder and the roles of Glenn Agliotti, Jackie Selebi and others were of great public interest. “This is a matter which is unsettling the nation … the public is becoming distrustful of the leadership.”
He added that any restriction on publication “can only aggravate the lack of confidence that is permeating society today”. Rather than compromise the investigation if publication was permitted, an interdict would further undermine the confidence of the public.
M&G editor Ferial Haffajee commented: “We’re elated. This judgement is vital for press freedom and the most significant in the three gag attempts that we have fought off this year.”
McCarthy’s affidavit gave a rare glimpse on the Scorpions’ own view of their investigation into the criminal syndicates that surrounded Kebble.
Confirming the scope of the investigation, McCarthy said: “It is an investigation into an extensive organised crime network operating both in South Africa and abroad. I have been in the DSO [Scorpions] for five years and I can confirm that this is one of the most the most extensive, complex and sensitive investigations that the DSO has ever undertaken.
“The investigation focuses on the offences of drug dealing, racketeering, money laundering, corruption and murder. Some of the allegations that are being investigated include allegations of targeted corruption of senior law enforcement personnel; laundering of large amounts of local and foreign currency through at least seven destinations worldwide; smuggling of drugs from Europe, through South Africa and on to other foreign destinations; the large-scale [smuggling of] contraband and counterfeit goods into South Africa; and the assassination of individuals who do not subscribe to the code of the criminal network.”