Journalist accuses Unisa of using courts to silence criticism
· Citizen
The University of South Africa (Unisa) has mounted another attempt to gag a journalist from reporting on its alleged governance failures, after an earlier urgent application was dismissed with costs.
The journalist, Edwin Naidu, owner of online publication, EdNews.Africa, said Unisa was using litigation to intimidate the media and suppress reporting on matters of public interest.
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Journalist accuses Unisa of using litigation to silence the media
He said Unisa’s amended application should be dismissed as a strategic lawsuit against public participation (Slapp) suit.
“This application is nothing more than an ill-conceived, meritless, vindictive and intimidatory campaign against me and, by Race for jozi extension, other members of the press and the public.
“It is based on a highly questionable and intentionally misconstrued claim of defamation, by an institution and not an individual, without any credible evidence of actual or ongoing harm and with a clear alternative remedy,” Naidu said in his supplementary answering affidavit.
He said Unisa was a well-resourced institution with public funds that routinely uses the courts to silence dissent and gag those that it disagrees with.
“It’s litigation budget appears boundless. The re-enrolment of this case extends the pattern of abusive litigation against me, and the series of cases initiated by Unisa in this court which implicate the constitutional right to freedom of expression.
“I am clearly being made an example of amid a chorus of dissent occasioned by the governance crisis at the university,” Naidu said.
Unisa disputed the allegations and maintained that the articles published by Naidu contain false and defamatory statements that have damaged its reputation.
Dispute centres on reports about staff deaths and working conditions
The university initially approached the court on an urgent basis, seeking declaratory and interdictory relief against Naidu and EdNews.Africa over articles concerning the university’s governance and working conditions.
These included claims that three staff members, including two academics, died in June, with allegations linking the deaths to stress and exhaustion following Unisa’s alleged decision not to renew contracts for markers and tutors.
Another disputed statement concerned allegations that access to EdNews.Africa had been blocked on Unisa’s Wi-Fi network following the publication of reports about the deaths.
The university sought to have the disputed statements removed and to restrict their further publication.
Earlier urgent application struck off the roll
However, the application was struck off the urgent roll in August after the court found that it did not meet the requirements for urgency and did not comply with the relevant practice directive.
Unisa has since amended its approach and abandoned the urgency component, pursuing final declaratory and interdictory relief through the ordinary court process.
The university, through acting executive director: legal services Lucas Mabusela said the disputed statements remain online and continue to cause reputational harm among its students, staff, funders, alumni and the public.
It said the continued circulation and republication of the statements justify court intervention.
But Naidu said the amended proceedings still amount to a Slapp suit intended to punish or silence him and his publication for reporting on issues concerning a public university.
He said the university has introduced further material and arguments without establishing that the alleged harm has escalated or that the additional evidence justifies the restrictions sought.