Newsletter

28 April 2026

SLAPP-ing the media: Silencing South African journalists in court

“Prior restraints against journalists must fall,” said Dario Milo, partner & specialist litigator at Webber Wentzel. This was after an attempted gag order against freelance journalist Nkululeko Ncana was dismissed with costs in court.

On 21 April, Ncana appeared in court to oppose an urgent application seeking to block the publication of an investigation into the collapse of Temi Construction. The applicants, Temi Construction and its CEO Nazreen Pitamber, sought an interdict preventing Ncana from publishing allegedly defamatory material.I

While the ruling favours media freedom, the case underscores a growing concern in South Africa: the use of legal action to silence reporting on matters of public interest. These cases, commonly referred to as Strategic Litigation Against Public Participation (SLAPPs), rely on the legal system not necessarily to win on the merits, but to burden journalists with costly and time-consuming litigation.

The impact on freedom of expression is significant. In an already fragile media ecosystem, SLAPPs weaken the press’s watchdog function, constrain its ability to hold powerful actors accountable, and ultimately undermine the public’s right to know.

Further Reading on SLAPPs:

Bridget Masufire’s article for the American Journal of International Law, explores the development of SLAPPs in Southern Africa. Read the article, titled ‘Civil Society as a Jurisprudential Actor: Contesting Slapps in Business and Human Rights Litigation in Southern Africa’, here.
While it was not enough to halt the use of SLAPPs targeting the media, the Constitutional Court ruled in 2022 that South African law could accommodate a SLAPP defence, within existing frameworks. The Centre for Environmental Rights explains.

VIDEO: Combating strategic lawsuits against public participation (SLAPPs)

“Prior restraints against journalists must fall,” said Dario Milo, partner & specialist litigator at Webber Wentzel. This was after an attempted gag order against freelance journalist Nkululeko Ncana was dismissed with costs in court.

On 21 April, Ncana appeared in court to oppose an urgent application seeking to block the publication of an investigation into the collapse of Temi Construction. The applicants, Temi Construction and its CEO Nazreen Pitamber, sought an interdict preventing Ncana from publishing allegedly defamatory material.I

While the ruling favours media freedom, the case underscores a growing concern in South Africa: the use of legal action to silence reporting on matters of public interest. These cases, commonly referred to as Strategic Litigation Against Public Participation (SLAPPs), rely on the legal system not necessarily to win on the merits, but to burden journalists with costly and time-consuming litigation.

The impact on freedom of expression is significant. In an already fragile media ecosystem, SLAPPs weaken the press’s watchdog function, constrain its ability to hold powerful actors accountable, and ultimately undermine the public’s right to know.

Further Reading on SLAPPs:

Bridget Masufire’s article for the American Journal of International Law, explores the development of SLAPPs in Southern Africa. Read the article, titled ‘Civil Society as a Jurisprudential Actor: Contesting Slapps in Business and Human Rights Litigation in Southern Africa’, here.
While it was not enough to halt the use of SLAPPs targeting the media, the Constitutional Court ruled in 2022 that South African law could accommodate a SLAPP defence, within existing frameworks. The Centre for Environmental Rights explains.

VIDEO: Combating strategic lawsuits against public participation (SLAPPs)

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