Stern warning to the media as lawyer demands an apology

Advocate Griffiths Madonsela, who is representing former City Manager of eThekwini municipality Sipho Nzuza. Picture: Doctor Ngcobo/African News Agency(ANA)

Advocate Griffiths Madonsela, who is representing former City Manager of eThekwini municipality Sipho Nzuza. Picture: Doctor Ngcobo/African News Agency(ANA)

Published Oct 18, 2023

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Durban — The Durban High Court has again issued a stern warning to the media in the money laundering and corruption trial against former mayor of eThekwini Municipality, Zandile Gumede, after advocate Griffiths Madonsela demanded an apology from News24 and the Daily Sun, accusing them of making him look like a crazy lawyer.

Madonsela said he was sick on Monday, and his colleague alerted him of an article on News 24 about him not being in court. There was a line that angered Madonsela in the News24 article. It said: “Griffiths Madonsela, who is representing former eThekwini city manager Sipho Nzuza, was absent from the proceedings until about 13.00.”

He said he was never in court on Monday. Judge Sharmaine Balton gave the News24 journalist a chance to explain himself. He said he wrote the article around this time, and Madonsela had not shown up by this time in court. He explained and clarified to the court that the story was saying that by 13.00, Madonsela was not there.

Judge Balton said journalists are sensationalising points, and warned against this. She told the media in court that they needed to be careful.

“Please refrain from sensationalising. Report what is relevant to the case. You are allowed to be in court, but be cautious because what is being said about Madonsela can be defamatory,” said Judge Balton.

She said the court overlooked Madonsela’s request to be excused and admitted to being irritated on Monday over late coming and made specific reference to Madonsela.

“There was a media application on Thursday (October 12), so the court overlooked the request to be excused,” said Judge Balton.

Moreover, Judge Balton tried to neutralise the situation, but an angry Madonsela said he demanded an apology. The News24 journalist who was in court said he wrote what happened in court on Monday and that he would let his editors know about this incident, and it would be up to them.

“I’m happy to write a follow-up article,” said the News24 journalist. However, Madonsela would not hear any of it, and Judge Balton ended up saying that they could resolve the matter outside her court.

Furthermore, Judge Balton expressed her dissatisfaction with the media after a journalist named a witness. The Judge had restricted the media from naming witnesses. This is after a State witness was fearful after her home was shot at. Other witnesses said they were fearful of coming to court. The media was told not to film and record the court proceedings to protect the witnesses.

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