MTN boss loses bid to 'gag' M&G

2006-09-21 16:30

Johannesburg - The High Court here has dismissed an application by MTN boss Maanda Manyatshe to stop the Mail&Guardian from publishing a story detailing fraud and corruption at the SA Post Office.

On Thursday last week, Manyatshe, who was previously the post office's chief executive officer, applied for an urgent interdict against the Mail&Guardian.

The weekly newspaper had planned to publish a story on fraud, corruption and mismanagement at the post office when Manyatshe, now MTN South Africa's managing director, was in charge of the post office.

The planned article dealt with fraud, violation of tender rules and violation of the Public Finance Management Act.

Rights to privacy

On Friday, Johannesburg High Court Judge Suretta Snyders ruled in favour of the newspaper and dismissed with costs Manyatshe's application, the newspaper said in a statement.

It said Manyatshe's legal team had argued that his rights to privacy, dignity and reputation should outweigh the Mail and Guardian's right to free speech.

But Snyders disagreed, ruling that the media has a constitutional duty to assist in uncovering wrongdoing and bringing it to the attention of the public.

The seriousness of the allegations against Manyatshe, his failure to give a proper response to the Mail and Guardian or in his version to the court, and his public stature "persuades me of the reasonableness" of publishing the exposé, the paper said, quoting Snyders.

"We are delighted with the outcome," Mail and Guardian aid associate deputy editor Nic Dawes said.

- SAPA