(FXI/IFEX) – The “Mail & Guardian” (M&G) newspaper on 20 November 1997 defeated an attempt by Liberian businessman and former finance minister of that country, Emmanuel Shaw II, to block publication of further revelations about his activities. The case, which was heard in the Johannesburg High Court, stated that articles which appeared in the M&G […]
(FXI/IFEX) – The “Mail & Guardian” (M&G) newspaper on 20 November
1997 defeated an attempt by Liberian businessman and former
finance minister of that country, Emmanuel Shaw II, to block
publication of further revelations about his activities. The
case, which was heard in the Johannesburg High Court, stated that
articles which appeared in the M&G in two previous issues had
been defamatory. The articles named Shaw as being at the centre
of a scandal in South Africa’s Central Energy Fund (CEF). They
exposed the fact that CEF head Don Mkhwanazi had awarded Shaw’s
company a R3-million (about US$ 600,000) contract without going
through tendering procedures or consulting the board of the CEF.
The articles also provided substantial evidence of Shaw’s alleged
sleazy past, including his role in sanctions-busting during the
1980s.
In rejecting Shaw’s applications to block a third article and
editorial that were due to appear in the M&G on 21 November,
Justice Monis Flemming said these would not add substantially to
the damage that Shaw claims he has suffered. He said: “The harm
that would be caused should be balanced with other interests…if
the articles are substantially correct, they create a smell that
reaches very high up. There are elements indicating incompetence,
flouting of what should be done, and doing what should not be
done.”
Fleming said the public had an interest in knowing what had
happened. He gave Shaw until 24 December to file suit for
defamation, and reserved judgment on costs until this matter had
been decided.
Meanwhile, the “Natal Mercury” newspaper is to challenge an
interdict served on it by the Durban City Council preventing it
from publishing an article based on a confidential report
concerning an internal inquiry into the role of several
councillors in the management of the World Veterans sporting
championship. The council held the inquiry after it agreed to
underwrite a R5-million debt incurred by the trust committee
overseeing the event. The article was due to appear in the
newspaper on 21 November, but was pulled after the council served
the newspaper with a temporary interdict. The matter is expected
to come before the court on 15 December.
