BLOEMFONTEIN, FREE STATE — Whistleblower Patricia Morgan-Mashale has been formally ordered to issue an apology to the National Prosecuting Authority (NPA) after the Free State High Court granted a strict interdict against her over defamatory social media claims. The court ruling marks a significant development in the dispute between the former South African Police Service (SAPS) administrative clerk and the prosecuting body, reinforcing the legal boundaries of online freedom of expression.
Background of the Social Media Allegations
The legal battle stems from a series of Facebook posts published last year, in which Morgan-Mashale alleged that NPA officials in the Free State were accepting bribes. In her posts, she further accused former National Director of Public Prosecutions (NDPP) Shamila Batohi of shielding the implicated prosecutors from accountability.
The NPA secured the interdict to bar Morgan-Mashale from making further allegations against the NDPP, the Free State Director of Public Prosecutions, and specific prosecutors. NPA spokesperson Kaizer Kganyago explained that the prosecuting authority initially attempted to engage Morgan-Mashale through its Office of Ethics and Accountability, urging her to provide concrete evidence so the claims could be properly investigated.
“We wanted to give her a platform to give us the evidence that she has so that we can investigate, but she did not do that,” Kganyago stated. “She continued with this defamatory kind of information on social media. Therefore, it was important for us to take the step.”
Reputational Impact and Vindication
When asked about the impact of the statements on the NPA’s reputation, Kganyago acknowledged that public accusations of bribery severely damage trust in the criminal justice system. He warned that such unproven claims risk subjecting overburdened prosecutors to unwarranted attacks from members of the public who may begin to doubt the fairness of the system.
When questioned why Morgan-Mashale chose to air her grievances on social media rather than through official channels, Kganyago declined to speak on her behalf but suggested it may have been the “easy way to tarnish our image and the image of the NDPP.”
Current NDPP Andy Mothibi emphasized that the NPA will not hesitate to protect prosecutors who are committed to upholding the rule of law. Because Morgan-Mashale failed to respond to the court proceedings, the judge ultimately ruled that the matter would proceed by default, officially vindicating both Mothibi and the Free State Director of Public Prosecutions.
Court Directives and Monitoring Compliance
Under the terms of the Free State High Court interdict, Morgan-Mashale has been instructed to remove all defamatory content regarding the NPA from her Facebook page within seven days. Furthermore, the court ordered that a formal apology must be published on her profile and remain visible to the public for 60 days.
Kganyago confirmed that the NPA will closely monitor her compliance with these court-ordered directives to ensure the judgment is executed as instructed.
Balancing Freedom of Speech with Responsibility
Addressing how the NPA balances the constitutional right to freedom of expression with the need to protect the dignity of its officials, Kganyago stressed that the right to speak carries inherent limitations and responsibilities.
“We really respect freedom of expression,” Kganyago noted, adding that the NPA’s initial invitation for her to provide proof demonstrated this respect. “But a right to speak must have limitations. You cannot just continue to do things when we say give us proof… and expect us to now just let it go and let it slide like that.”
Delivering a clear message to the public and other figures who might consider making unsubstantiated claims online, Kganyago concluded: “If you are having information, bring it to us… if you are just making allegations to tarnish our image, we will not let it lie. We will make sure that we deal with it and, if needs be, we take it to the courts like we have done in this case.”
