---
title: "Unnamed judge in unnamed court gags Open Secrets"
description: "While there have been several such gag orders in recent years, all of which have been subsequently overturned or rendered moot, this one appears to be especially draconian."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "GROUNDUP"
author: "Zora Hollie"
author_url: "https://www.dailymaverick.co.za/author/zorahdailymaverick-co-za/"
canonical_url: "https://www.dailymaverick.co.za/article/2025-11-10-unnamed-judge-in-unnamed-court-gags-open-secrets/"
published: "2025-11-10T20:38:51"
updated: "2025-11-10T20:38:54"
lang: "en-ZA"
word_count: 592
---

# Unnamed judge in unnamed court gags Open Secrets

> While there have been several such gag orders in recent years, all of which have been subsequently overturned or rendered moot, this one appears to be especially draconian.

By Zora Hollie · Published 10 November 2025, 22:38 SAST · Updated 10 November 2025, 22:38 SAST

## Key points
- In a twist that could make even Kafka raise an eyebrow, Open Secrets finds itself under a prepublication gag order so draconian it puts the "no comment" in "significant public importance," all while vowing to fight back against the forces trying to silence the truth.
- Open Secrets faces a prepublication gag order restricting disclosure of a matter deemed of “significant public importance,” including the identities of involved parties.
- This order, issued by a high court, is part of a troubling trend of judicial censorship against journalists in South Africa, despite constitutional protections for media freedom.
- Previous gag orders, including those against GroundUp and Carte Blanche, have been overturned, highlighting the need for robust press freedoms.
- Open Secrets plans to challenge the order with legal support, asserting their commitment to public interest journalism and transparency.

## Content

Open Secrets, an organisation that exposes economic crimes and human rights abuses, has been issued with a prepublication gag order. This is according to a [statement](https://www.opensecrets.org.za/open-secrets-gag-order/) released by the organisation on Monday.

While there have been several such gag orders in recent years, all of which have been subsequently overturned or rendered moot, this one appears to be especially draconian.

The gag order bars the organisation from disclosing anything related to a matter of “significant public importance”, according to Open Secrets. This includes the names of the parties involved. Not even the judge’s name or the court where the gag order was issued may be published.

“What we can say is simple: efforts to muzzle public-interest journalism endanger everyone’s right to know,” said Open Secrets.

Despite the constitutional protection for freedom of expression and media freedom in South Africa, high court judges have issued prepublication gag orders against journalists at least twice this year.

In March, GroundUp reported on a gag order granted by Acting Judge Perlene Bramdhew. The order prevented an IOL journalist and others from making claims about a KZN solar panel company, ARTsolar. These claims suggested the company misrepresented itself by claiming to manufacture solar panels locally, when, in fact, it was importing most of them.

The journalist who was going to report on these allegations was not present or represented in the court when the interdict was granted. This is known as an*ex parte* order. While we cannot be certain, it is likely the order against Open Secrets was also *ex parte*.

ARTsolar eventually [withdrew](https://groundup.org.za/article/artsolar-throws-in-the-towel-in-gagging-case/) the case.

Acting Judge Mpumelelo Sibisi granted a gag order in June against the investigative TV outfit Carte Blanche, which was planning to broadcast allegations of malpractice against a cardiologist, Dr Ntando Peaceman Duze. The order was eventually overturned.

In these cases, the push for prior restraint did not come from government officials, but from private actors.

“In all the above cases, it’s a combination of private sector actors, zealous advocates and magistrates or acting judges with a poor understanding of the Constitution and judicial precedent,” GroundUp editors [wrote](https://groundup.org.za/article/judges-should-respect-press-freedom/) in a July 2025 article.

Open Secrets urged private corporations and actors to end strategic lawsuits against public participation (Slapps) and intimidation, to disclose information that is of public interest, and respect the watchdog role of public interest media and the press.

There is legal precedent that gag orders should rarely be granted. In 2007, the [Supreme Court of Appeal ruled](https://www.saflii.org/za/cases/ZASCA/2007/56.html) the press should not be stopped in advance from reporting a story, unless there are highly exceptional circumstances. This precedent was relied on by [Judge Roland Sutherland](https://www.saflii.org/cgi-bin/disp.pl?file=za/cases/ZAGPJHC/2023/771.html) in the widely publicised press freedom case in which businessman Zunaid Moti tried to stop amaBhungane from publishing about him.

In the 2007 Supreme Court of Appeal case, Judge Robert Nugent stated that “unless the fact-specific circumstances convincingly demonstrate that the public interest is not served by such publication,” a court should not censor the press before publication.

Open Secrets will challenge the gag order with help from attorneys at Power Law Africa, an alliance of public interest law firms.

GroundUp understands that Open Secrets can bring a counter-application within 24 hours, but without further knowledge of the details, we cannot be sure how the process will unfold, or even what stage it is at.

“Open Secrets will not be cowed by attempts to silence our investigations,” its statement read. “If we succeed in this legal challenge, you will be the first to know what we have uncovered.” **DM**

*First published by*[*GroundUp*](https://groundup.org.za/article/lottery-spent-over-r1-million-on-lawyers-to-stop-groundup-exposing-corruption/)*.*