South Africa: Karyn Maughan Wins Landmark Case Against Former President Jacob Zuma
The Coalition For Women In Journalism applauds the court’s ruling as a decisive victory for press freedom in South Africa
Location: South Africa, Cape Town
Date: June 7, 2023
Pietermaritzburg’s High Court finds former South African president Jacob Zuma's attempt to privately prosecute News24 journalist Karyn Maughan an abuse of power and a direct infringement on media freedom. Zuma launched a legal and online harassment campaign against journalist Karyn Maughan for reporting information already in the public domain. The attempts to discredit the journalist through a private prosecution and slander her online were blatant tactics to intimidate a critical journalist. The Coalition For Women In Journalism welcomes the court's decision to rule in Maughan’s favor and hopes this will discourage those in power from targeting the press.
In a landmark ruling for press freedom in South Africa, three judges at High Court Pietermaritzburg ruled against former president Zuma on June 7, 2023. According to the ruling, Zuma must pay journalist Karyn Maughan’s legal costs in a legal battle
The decision highlights the importance of upholding the rights of journalists and protecting their ability to report without fear of reprisal.
“Former president Jacob Zuma and his supporters believed they could silence me with a meritless private prosecution and vicious online harassment, but they have unwittingly strengthened the very media freedom they sought to destroy,” wrote Maughan after her court victory over Zuma.
“Former president Jacob Zuma and his supporters believed they could silence me with a meritless private prosecution and vicious online harassment, but they have unwittingly strengthened the very media freedom they sought to destroy”
The court agreed with press freedom organizations that Zuma’s private prosecution of Maughan had “all the elements of a SLAPP suit.” SLAPPs – Strategic Lawsuits Against Public Participation – are frequently employed to silence whistle-blowers and journalists, effectively preventing them from reporting on specific matters by embroiling them in a legal battle.
The judgment also recognized that Maughan's reporting on the letter in question was based on documents already part of the court papers. When she published them, they had become public documents, as they were filed in court multiple times.
The court stated that the private prosecution against Karyn Maughan infringes upon her freedom of expression, particularly press freedom, and the public's right to access such information. It also noted that the prosecution served as a means of intimidation, harassment, and silencing, with no viable prospects of success.
Zuma’s Case
On September 6, 2022, Zuma initiated a private prosecution against News24 legal journalist Karyn Maughan and state advocate — an advocate of a High Court acting as a public prosecutor — Billy Downer over the publication of details regarding his medical condition.
The court action revolved around information in court papers filed in Zuma’s corruption case. At the heart of the dispute was a letter penned by the military health service in August 2021, which contained details about Jacob Zuma's health.
Zuma's legal team alleges Downer leaked the information to Maughan, arguing the publication of this information violated certain sections of the National Prosecuting Act.
According to the Jacob Zuma Foundation, Downer and Maughan's conduct "constitutes a serious criminal offense which carries a maximum sentence of 15 years imprisonment."
Earlier in the year, Zuma lodged a criminal case against Downer concerning the same matter. However, in April, the National Prosecuting Authority (NPA) announced its decision not to pursue prosecution.
Online harassment of Karyn Maughan
In addition to examining the technical aspects of the case, the court has emphasized the need to address allegations that Jacob Zuma is exploiting the legal process to discredit lawyer Billy Downer and intimidate Maughan.
According to the court, Zuma holds considerable animosity towards Maughan, as evidenced by his affidavit and the actions of his associates and supporters. The judges drew attention to the abusive and threatening language directed at Maughan on social media, including by Zuma's daughter and the spokesperson for the Jacob Zuma Foundation.
In their judgment, the court highlighted the derogatory terms used to target Maughan online, including disturbing labels such as "a thing, a bitch, a lying bitch, a white bitch, a witch, a racist, a pig, an alcoholic, a criminal, a hypocrite, a propaganda journalist, a racist, a servant of white privilege, a hack, and an askari (traitor)."
In the judges’ view, this relentless and vicious online campaign against the journalist could “incite physical harm.”
The Coalition For Women In Journalism commends the High Court in Pietermaritzburg for recognizing the private prosecution brought by Zuma against Maughan for what it was, a SLAPP case aimed at silencing the journalist. The judge’s ruling highlighted the importance of protecting the press’ right to report and the seriousness of online harassment. This ruling is a victory for media and press freedom in South Africa.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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