A Durban high court judge, Judge Nomfundo Sipunzi, initially imposed a media blackout on witness testimony in the trial of seven men facing 11 charges related to the killing of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane. The trial began on Monday, with the accused, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, Malusi Dave, and Siyabonga Gezani Ndimande, pleading not guilty.
Judge Sipunzi's initial ruling prohibited media from broadcasting witness testimony, citing the need to protect the accused's right to a fair trial and the interests of witnesses. The judge allowed media to report on the plea, commencement and close of the state and defence cases, arguments advanced by council, rulings and orders issued by the court, and any judgement delivered by the court.
However, on Wednesday, Judge Sipunzi overturned her directive, allowing media to broadcast witness testimony while maintaining her decision not to disclose the witnesses' identities. The new ruling permits media representatives to publish or broadcast the evidence of witnesses while they are testifying and any exhibits admitted or tendered as part of the trial record.
The South African National Editors' Forum (Sanef) expressed concern over the initial ruling, stating that it restricted the ability of journalists to perform their work in covering a case of national importance in the public interest. Sanef noted that similar restrictions had been imposed in the corruption trial of former defence minister and speaker of parliament Nosiviwe Mapisa-Nqakula.
Sanef welcomed the revised ruling, citing the Madlanga commission of inquiry as an example of how broadcasting and reporting on proceedings can be done while protecting witnesses and balancing the public's right to know and open justice. The organization called on the judiciary to enable the work of journalists and act in accordance with the principles of open justice.
The trial is a high-profile case, with the accused facing 11 charges related to the killing of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane outside the Wish restaurant in Florida Road on February 10, 2023. The case has garnered significant public interest, and the media's role in reporting on the trial is crucial in keeping the public informed.
The revised ruling allows for a balance between the media's right to report on the trial and the need to protect the witnesses' identities. The trial will continue, with the media now permitted to broadcast witness testimony while maintaining the anonymity of the witnesses.
Key points
- The trial of seven men accused of killing Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane has begun in the Durban high court.
- Judge Nomfundo Sipunzi initially imposed a media blackout on witness testimony but later reversed her decision.
- The South African National Editors' Forum (Sanef) welcomed the revised ruling, citing the importance of open justice and the media's role in reporting on the trial.
