The Star today ( October 5) reports that 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brought an urgent application for an interdict against the Sunday Argus on October 2, which resulted in the story being withdrawn at the eleventh hour.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 - not unlike the 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.

Ends