COPS RUN TO COURT TO STOP TIMES SUNDAY STORY

MBABANE – The police have rushed to court to stop the Times SUNDAY from publishing an article deemed to be prejudicial to national security.

National Commissioner of Police Isaac Magagula, as the applicant in the matter, said the matter was urgent because the newspaper allegedly intended to publish the article in its next edition, which is tomorrow.
He said due to the sensitivity and implications on state security, the article might cause, the issue was not for public consumption and should not be paraded in the public domain through the media.

Magagula, in his founding affidavit, stated that the intention to publish the information was brought to his attention and he allegedly discussed it with the respondents (Times Group of Newspapers, Times SUNDAY Editor Innocent Maphalala and Mfanukhona Nkambule).
These allegations are contained in an affidavit whose veracity is still to be tested in court.

The Times Group of Newspapers is still to file its responding papers.
Musa Sibandze of Musa M. Sibandze Attorneys represented the newspaper when the matter was heard yesterday, in Justice Mumcy Dlamini’s chambers.
The national commissioner said the newspaper was advised against publishing the article given its seriousness and potential adverse ramifications.
“Notwithstanding such discussions and advice, the respondents are adamant that they will publish the said article.

“The article proposed to be published is, by all reasonable estimation, quite damaging from a national security and diplomatic relations perspective,” Magagula told the court.
He said the material sought to be published was adverse to national security and defence.

“While we acknowledge press freedom, we contend that it is lawfully limited under the Official Secrets Act of 1968. Such Limitation is, therefore, justified under the Constitution,” he added.
Magagula informed the court that all their efforts to dissuade the newspaper from publishing the article were unsuccessful.
He said he had been advised that the newspaper seriously intended to go ahead with the publication of the article.

The police filed an urgent application in court for an order restraining the Times SUNDAY from publishing the article. 
He said in the event that an order was not granted timeously, the damage he sought to prevent would have been done before the court makes a ruling.
“Other than the interdict, I have no other alternative remedy available, which can obviate the damage being caused by respondents’ intended conduct,” said Magagula.

“May I state that the balance of convenience favours the granting of the interdict, as respondents will suffer no such harm as the national interest if the publication is interdicted in terms of the lawful limitation of press freedom, as contended above.”
Through its attorney, the Times Group of Newspapers, yesterday voluntarily undertook not to publish the article tomorrow, pending finalisation of the entire court proceedings.
Judge Dlamini postponed the matter to next Friday, January 20, 2017.
Threats of grievous bodily harm, possibly even leading to death, have been made against Times SUNDAY Senior Reporter Mfanukhona Nkambule and the publication’s Editor Innocent Maphalala emanating from pursuing of the article.
It is on record that there have been several attempts to block the publication of the story and the editor, together with the reporter, made it known that they would go ahead with the article.

Further attempts to engage the Times Managing Editor Martin Dlamini and the Publisher Paul Loffler also failed to convince this publication to drop the story.
Even though the people who issued the threats remain faceless, they threatened that should the story see the light of day, the duo risked being eliminated.
The warning was conveyed directly to the Times Sunday Editor by a concerned citizen who is a highly placed government official and has insight to what could be going on behind the scenes.

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