Duma Ndlovu, South Africa’s top TV executive producer, saw his attempts to bar the media from covering his fraud and tax evasion case fall flat on Tuesday. The playwright has produced popular soapies Muvhango, Uzalo, and Imbewu: The Seed. Most recently, he produced the drama series Queen Modjadji.
Ndlovu was appearing for a bail hearing after he and his two co-accused and his company, Ambroriteis, were charged with defrauding Sars of R25-million in unpaid taxes.
Lawyer asks court to remove journalists, cites security for client
His case was heard at the Johannesburg Commercial Crime Court sitting at the Palm Ridge magistrate’s court. Ndlovu’s attorney Andre Kruger protested about the presence of journalists at his client’s bail hearing.
Kruger argued that journalists should be kicked out as Ndlovu’s right to privacy was going to be infringed. He said some of the information divulged in court was confidential and can compromise Ndlovu’s security.
However, the prosecution pointed out that Ndlovu’s case was in the public interest and that he was also a public figure.
Ndlovu’s co-accused, who are not known in public, also cited that the broadcast of the bail hearing would have horrible consequences for them and their families.
In the judgement, magistrate Ramlal, the court threw the lawyers’ request to gag the media out of the window.
Magistrate declines request
The magistrate said that there were options for the coverage of the bail application.
“It is not my intention by means to gag the media on matters of public interest. I have considered that as the accused is a well-known TV producer or being in the public space. [And] I applied my mind that the recording could be done. But the audio shouldn’t be allowed. As there is was confidential information that might need to be kept private,” said Ramlal.
Ramlal allowed for recording of the bail application. The matter is continuing.
