Media organisations have filed an urgent application in the Gauteng High Court in Pretoria seeking to vary an order that has effectively closed the criminal trial of former State Security Agency officials Thulani “Silence” Dlomo and Patrick Mshothola to the public and press.
The trial concerns the alleged misappropriation of R12 million in SSA funds in 2015 under the guise of a covert operation known as Project Mayibuye. Media24, Daily Maverick, amaBhungane and the Campaign for Free Expression argue that a 14 October order restricting certain evidence has been implemented as a blanket prohibition on access.
Attorney Charl du Plessis states in the founding affidavit that the present exclusion of the media is not sanctioned by the order itself. The applicants say three days of proceedings appear to have already taken place in complete secrecy.
On 16 October, News24 journalist Kyle Cowan was prevented from entering the courtroom after the public gallery was cleared. The state later provided the order but declined to release the underlying application, citing classified information.
The media groups want open proceedings as the default. They propose that any party seeking to withhold evidence on national-security grounds must justify the restriction through a specific, evidence-based application, with the media given an opportunity to respond. Protected witnesses could testify under pseudonyms or behind screens where necessary.
Dlomo headed the SSA’s Chief Directorate for Special Operations from 2012 to 2017 and was later appointed ambassador to Japan. The High-Level Review Panel and the State Capture Commission both examined the directorate’s operations during that period and recommended further investigation of the handling of agency funds.
The charge sheet alleges the R12 million was obtained through temporary cash advances linked to a purported contract with Kimberley-based Korolo Investment Holdings. The company was not on the SSA supplier database, and its sole director told investigators he had neither signed the agreement nor received payment. Both accused are presumed innocent. The court has not yet ruled on the media application.
