May 15, 2023

SANEF vs EFF (MMA amicus curiae) case outcome

In South African National Editors' Forum (SANEF) v Economic Freedom Fighters (EFF) and Others, the South African National Editors' Forum brought an application arising from threats and intimidatory conduct directed at journalists by the EFF and its leadership. Media Monitoring Africa (MMA) participated in the proceedings as amicus curiae — a friend of the court — bringing its expertise in media monitoring, press freedom, and the impact of political intimidation on journalistic independence to bear on the issues before the court.

The case raised fundamental questions about the limits of political speech, the duty of political organisations to refrain from conduct that threatens or intimidates the press, and the obligations of the courts to protect journalists in the performance of their constitutional function. MMA's amicus submissions contextualised the broader pattern of hostility towards journalists by political actors and provided empirical evidence of the chilling effects such conduct has on media freedom in South Africa.

The judgment delivered in this matter affirmed the right of journalists to report without fear of intimidation and confirmed that the constitutional protections for freedom of expression and press freedom extend to protecting journalists from threats and harassment by political parties and their supporters. The court's findings drew on MMA's amicus submissions and the wealth of monitoring data that underpinned them.

This case is a significant precedent in the protection of the press against political intimidation in South Africa. It demonstrates MMA's active role in shaping jurisprudence on media freedom and its willingness to contribute expert evidence and legal argument to proceedings that affect the ability of journalists to do their work safely and independently.

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