Chief Justice Issues 'Gag' Order

A court order that "gagged" Open Secrets — preventing the group from disclosing any information about the case, including which ju...

A court order that "gagged" Open Secrets — preventing the group from disclosing any information about the case, including which judge or court handled the application — has recently been released by the Office of the Chief Justice (OCJ).

In what could be an extraordinary step in a legal conflict between two entities in court, the OCJissued a statementon Thursday, shared via its media WhatsApp platform, providing information about the order, the process through which it was issued, and including the order itself.

This is in the context ofclaims that Open Secret had been "silenced"by an unknown judge, in an unspecified courtroom, potentially in anex parte(unannounced) application.

In a statement, Open Secrets stated: "Open Secrets is currently unable to comment on an issue of major public significance. We are not allowed to reveal any information concerning the matter, including the identities of any parties involved. What we can confirm is straightforward: attempts to silence journalism that serves the public interest threaten everyone's right to be informed."

Contacted by GroundUp earlier this week – following the statement released by Open Secrets – its legal team stated: "We are, regrettably, unable to provide any comments at this point in the legal proceedings."

The OCJ now states that the temporary order, issued by Acting Judge Gavin Cooper in the Western Cape High Court, was a "typical and reasonable action to maintain the current situation until all arguments can be thoroughly reviewed and evaluated."

A Earlier report by GroundUp on Thursdaysuggested that the application was submitted by Integrated Convoy Protection, a South African armored vehicle company.

This has now been verified by the OCJ.

It mentioned the urgent request submitted by Integrated Convoy Protection against Open Secrets, which was filed before Acting Judge Cooper—who was on "urgent" duty—on 5 November.

The hearing was held in public court, with multiple individuals present. Open Secrets was represented by Tina Power, a lawyer from Power Law. Both sides presented their arguments during the court session. Due to the limited time available, Open Secrets had not yet submitted any documents.

It was evident that the issue needed to be delayed. The judge listened to additional arguments and eventually issued an order to reschedule it to 18 December 2025, contingent upon confirmation with the Acting Deputy Judge President.

The OCJ mentioned that a schedule was set for submitting additional documents and provided "short, temporary respite."

Regarding the temporary prohibition, it was decided that Open Secrets should not release any articles featuring the material that was the focus of the application; until the next hearing, they were prohibited and prevented from publishing details and information connected to the application and the order, and were instructed to maintain the contents of this application confidential among the involved parties; additionally, due to the claims of confidentiality, the documents did not need to be submitted online through Court Online/Case Lines.

The OCJ mentioned that the parties had met with the Acting Deputy Judge President, and it was decided that the case would be considered on 27 November.

"The order does not indicate any opinion regarding the application's merits. The order is temporary and administrative, intended to facilitate a fair and structured legal procedure," it stated.

The court established a condensed schedule for the rapid exchange of documents, ensuring that both sides will have a chance to present their argument.

Describing the legal procedure used by the court as a 'gag order' is a regrettable inaccuracy and weakens the courts' function in resolving conflicts.

GroundUp has stated that the hearing scheduled for 27 November will be led by Judge Nathan Erasmus.

GroundUp sought input from Power Law regarding these additional developments, but did not get a response.

Comment by GroundUp Editor

The involvement of the OCJ in this issue is unexpected. However, it is positive that there is now clarity regarding this matter and that the order issued by Acting Judge Cooper has been made public. Three points:

1. It is definitely a gag order. It stops Open Secrets from reporting on thecontentsregarding the application, even if just for a short period. It's regrettable and deceptive for the OCJ to state the opposite.
2. However, the order did not prevent Open Secrets from revealing the actual order, court, and parties involved. The lawyers of Open Secrets understood the judge's statement in an overly broad manner. Generally, legal professionals should interpret orders as restrictively as possible.
3. Perhaps the key takeaway is that judges (and lawyers) should use clear and straightforward language. Cooper's order is nearly impossible to understand. Here is the section of his order that has led to all the controversy: "Until the hearing mentioned above, the Respondents are prohibited and prevented from disclosing the contents and details of this application and this Order, and are instructed to maintain the confidentiality of this application's contents among the parties." Talmudic scholars may spend centuries discussing the interpretation of this.

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