Listen to this paragraph.
- Judge Nomfundo Sipunzi barred media from naming witnesses or publishing their evidence as the Durban trial of seven men began.
- Media body Sanef says the order stops reporters covering the case as it happens. The trial runs until 6 November.
Journalists covering the murder trial of rapper Kiernan “AKA” Forbes and chef Tebello “Tibz” Motsoane cannot name any witness or publish what witnesses say while they testify.
Judge Nomfundo Sipunzi set out the rules on Monday 5 October, the first day of the trial of seven men in the KwaZulu-Natal High Court in Durban. All seven pleaded not guilty.
The media may attend and broadcast the trial. But they may not publish or broadcast witness evidence while witnesses testify, or any exhibits handed in, unless the court allows it.
Reporters may cover only the plea, the opening and closing of the state and defence cases, arguments by lawyers, the court’s rulings and orders, and the final judgment.
Sipunzi said the court values free expression and open justice. But it must also protect the accused’s right to a fair trial and the interests of witnesses.
Photographs of the courtroom may be taken only before proceedings start each day and after the court adjourns. Cameras must stay in one place. The judge can change the rules if the interests of justice require it.
The South African National Editors’ Forum (Sanef) says it is alarmed. It said hiding witnesses’ identities is understandable if safety is the worry. But it said banning reports of their evidence effectively stops journalists covering the trial as it happens.
The families of both men sit in the public gallery. The trial is expected to run until 6 November.
Forbes and Motsoane were shot dead outside a restaurant on Florida Road in Durban on 10 February 2023, the National Prosecuting Authority said.
