Sizwe Dlamini
Social media commentators Sphithiphithi Evaluator, Thabo Makwakwa, Modibe Modiba and Land Noli have filed a court application to review and set aside the various adverse findings made by the Centre for Analytics and Behavioural Change (CABC) against them in their reports.
The commentators also seek that the court declare the newspaper articles – which were published as a result of the CABC reports and on the basis of the information contained in the CABC reports – as amounting to publications that are defamatory, false and unlawful for contravening the Applicant’s rights in terms of the Constitution.
In a written affidavit, the four request that the Gauteng High Court grant an order in terms of the notice of motion to set aside the first and second CABC reports, which they said were unlawful, unreasonable and unfair.
“As well as for the above Honourable Court to set aside the subsequent newspaper articles listed in the notice of motion, which have been published improperly and on the basis of material errors.”
Other respondents in the matter are the University of Cape Town (UCT), Daily Maverick, City Press, Molebogang Mokoka and Praveen Naidoo.
UCT is cited in its capacity as the parent organisation of the business school and, by virtue of being the parent organisation of the business school, is the incubator of the CABC.
The City Press and Daily Maverick published defamatory articles pursuant to the CABC Reports without affording the commentators a right of reply. Mokoka and Naidoo are journalists at the CABC who authored articles implicating the Applicants in the Daily Maverick and City Press.
Sphithiphithi Evaluator said in publishing the reports, the CABC made irrelevant considerations and failed to account for relevant considerations and the CABC’s decision to publish the reports was unconstitutional, unlawful, irrational and unreasonable.
“This application is based on defamation and the exposure of the applicants to broad spectrum damages and harm as a result of the negligent, false statements made by the respondents. In the result, the applicants furthermore reserve their right to institute action proceedings against the respondents for damaging the applicants’ reputation, as well as for the negligent disclosure of private and incorrect information,” said Sphithiphithi Evaluator.
According to the court papers, Makwakwa’s self-esteem and confidence had been diminished due to the continuous attacks made on him as a purported political lobbyist that he had to undergo counselling due to the cyber-bullying which has occurred as a result of the false claims made first by the CABC and further exacerbated by the Daily Maverick and City Press.
Modiba, similarly has been questioned about the content of the CABC reports and has been placed in a false light and had his image smeared by the continuous false articles and one-sided reporting which he has been subjected to.
Meanwhile, Land Noli, received a call from an unknown number and unidentified person claiming that there is a warrant out for their arrest.
The CABC’s website describes the CABC’s purpose as, inter alia, tracking and countering mis- and disinformation, coordinated narrative manipulation, polarising and divisive rhetoric, hate speech, extremism, incitements to public unrest and violence, disseminating fact and evidence-based information, media communications and creative content, and engaging in online dialoguing on social media platforms to mobilise influencers and empower them to amplify positive messaging.
The CABC is funded by, inter alia, the Solidarity Fund and the Bill and Melinda Gates Foundation. The Solidarity Fund was established last year to help South Africa fight the Covid-19 pandemic using donations from the public among others.
Sphithiphithi Evaluator said from what appeared in the introductory paragraphs, the report was purportedly meant to “seek out organised and coordinated hidden networks” and while doing so, “a group of social media accounts stood out that emanated from the broader Radical Economic Transformation (RET) narrative”.
“The CABC attributes these social media accounts to a ‘faction that is known within the ANC as RET forces’. The CABC concludes its introductory paragraphs by stating that it is ‘obligated to publish this report that unpacks the use of deliberate tactics by a network of inauthentic accounts to manipulate online conversation’,” she said.
Sphithiphithi Evaluator said from the introductory paragraphs alone, the CABC instead makes it seem as though those persons who affiliated themselves with the so-called RET network had committed, and continued to commit, unlawful and wrongful activities.