The High Court in Johannesburg on Thursday
set aside a gagging order obtained by South African Airways (SAA)
against media houses, saying the public interest outweighed the
cash-strapped airline’s right to keep a damning internal legal opinion
under wraps.
The judgment is a boost for media freedom, saying that the public interest may override even legitimate claims of confidentiality and that attorney-client privilege does not apply to information already in the public domain.
SAA spokesman Tlali
Tlali said it was too early to say whether the airline would appeal. But
SAA officials were studying the judgment to "properly understand" its
implications if it were to be "left unchallenged".
The airline obtained an interim interdict against Media24, Moneyweb and BDFM Publishers — which publishes Business Day — in the early hours of November 24.
The court had ordered that the media houses could not publish the contents of a legal opinion from SAA’s internal legal counsel, Ursula Fikelepi, to the board.
The judgment is a boost for media freedom, saying that the public interest may override even legitimate claims of confidentiality and that attorney-client privilege does not apply to information already in the public domain.
The airline obtained an interim interdict against Media24, Moneyweb and BDFM Publishers — which publishes Business Day — in the early hours of November 24.
The court had ordered that the media houses could not publish the contents of a legal opinion from SAA’s internal legal counsel, Ursula Fikelepi, to the board.
