Manyatshe v M & G Media Limited and Others

In September 2006 the appellant, Mr Maanda Manyatshe, then CEO of MTN South Africa and former CEO of the South African Post Office, brought an urgent application in the Johannesburg High Court for an interim interdict to prevent the Mail & Guardian from publishing an article he alleged was defamatory. The article concerned allegations of tender irregularities and fraud during his tenure at the Post Office, based largely on an affidavit by his successor, Mr Khutso Mampeule, filed in separate High Court litigation and related disciplinary findings against another official. Manyatshe declined to answer a detailed questionnaire from journalists and instead sought to interdict publication. The High Court dismissed the application, finding the respondents had established sustainable defences of truth, public benefit and reasonable publication. The article was published thereafter. Despite publication, Manyatshe obtained leave to appeal. The respondents contended that the appeal was moot because publication had already occurred.

The appeal was dismissed with costs, including the costs of two counsel, in terms of s 21A of the Supreme Court Act 59 of 1959.

The case is significant for reaffirming the application of s 21A of the Supreme Court Act and the principle that appellate courts will not decide moot issues absent important and recurring legal questions. It underscores the strong protection afforded to media freedom against pre-publication interdicts and confirms that defamation-based publication bans require careful factual justification. The judgment also clarifies that there is no blanket prohibition on reporting allegations or the laying of criminal charges before an accused appears in court.