Today, October 22, the South African Press Agency reported that New Africa Investments Limited co-founder Jonty Sandler took out newspaper advertisements yesterday, October 21 to quell speculation over his efforts to stop reports that he was allegedly being investigated on charges of sodomy. Sandler's public declaration in several newspapers follows an urgent application on October 2 for an interdict to prevent the Cape based "Sunday Argus" and the Durban newspaper the "Sunday Tribune" from publishing an article reacting to the alleged investigation. The successful application saw the story being withdrawn at the 11th hour. It prevented publication of all matters relating to the case, except that the application had been brought and that the story related to sexual assault charges being investigated against Sandler. It allowed publication of the fact that a warrant had been issued for his arrest, that Sandler denied the charges and that his attorneys had asked the director of public prosecutions to withdraw the charges. Sandler said in the advert that he and his legal representatives had chosen not to respond to reports on the investigation so as not to interfere with the administrative and judicial process. He did, however state that the articles in the two Sunday papers had contained untrue, defamatory and sensation-seeking remarks. "I wish to make it clear that no charges have been put to me and I have not appeared in court. If I am ever charged and prosecuted, I am confident that I will be completely vindicated, as I have not committed any offence whatsoever".

Background

The co-founder of New Africa Investments Limited, Jonty Sandler, brought an urgent application for an interdict against the Sunday Argus on October 2, which resulted in the story being withdrawn at the eleventh hour. The application launched prevented the publication of an article concerning an incident at the Himeville Arms hotel in KwaZulu-Natal in September and resulted in an interim interdict being granted by Judge Jeanette Traverso as the Sunday Argus went to print. Sandler said the report was untrue and defamatory.

According to The Star, the order caused delays in the printing and distribution of the newspaper. The front page and page 3 had to be changed in the light of the court's decision. Also on night of October 2, a similar application brought by Sandler to stop the same story from appearing in the Sunday Tribune, printed in Durban, was heard in the Durban High Court. The court ruled that 60 000 copies of the Sunday Tribune, already printed, could be distributed although the article appeared in the newspaper. The court temporarily interdicted any publication in the remainder of the newspaper's print run, restricting the newspaper to publishing only that : an application had been brought by Sandler to stop the publication of the article in the Sunday Tribune; the article related to sodomy and sexual assault charges being investigated against Sandler and said a warrant had been issued for his arrest; Sandler's attorneys had asked the director of public prosecutions to withdraw the charges; Sandler denies all the charges.

The return date on the Cape High Court case involving the Sunday Argus has been postponed to October 13 for argument and to determine whether Sandler is entitled to an interdict against the further publication of the article by the Sunday Argus. The return date for Sunday Tribune is October 14.

FXI is distressed to note that this is yet another case of prior restraint similar to Sol Kerzner one. It is worth noting that there is generally discrimination in matters of prior restraint as it is only those with financial resources who are able to bring legal action to suppress the publication of news of this nature. FXI will continue to monitor the situation.

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