The whistle-blower ordered by the Free State High Court in Bloemfontein to apologise publicly and remove the offending social media posts accusing senior prosecutors of corruption and bribery has vowed to appeal the ruling.
In a judgment handed down on Thursday, Judge Nokuthula Daniso ruled that statements made by Patricia Morgan-Mashale were not only false and defamatory but also unlawful.
She found that that the statements violated the dignity of the then National Director of Public Prosecutions (NDPP), Shamila Batohi, and officials within the National Prosecuting Authority (NPA).
Court order against Morgan-Mashale
The court barred Morgan-Mashale from publishing or spreading similar allegations on social media platforms or through newspapers and ordered her to permanently delete the original Facebook posts.
She was also ordered to publish a formal apology to the NDPP and affected prosecutors within seven days and keep it pinned on her Facebook page for 60 days.
Morgan-Mashale, a former police clerk turned whistle-blower, was also ordered to pay the costs of the application.
The case stems from a 2025 application brought by the prosecutions body after she published a series of Facebook posts accusing the Director of Public Prosecutions in the Free State and other officials of corruption and accepting bribes linked to a criminal matter.
NPA accuses whistle-blower of not producing proof
According to the NPA, Morgan-Mashale was repeatedly asked to prove her claims, and that its Office for Ethics and Accountability even assigned an investigator to assess information she claimed to possess.
However, the NPA maintains that no proof was ever produced.
The NPA subsequently issued a cease-and-desist letter, demanding that she stop making baseless allegations.
When she failed to comply, the NPA approached the court for relief.
NPA head Andy Mothibi said the ruling was a necessary step to protect prosecutors and the integrity of the criminal justice system.
He said while they appreciate the right to freedom of expression, that right carries with it a responsibility to respect the dignity of others and not unjustly violate those rights.
“We will not hesitate to use every legally permissible avenue to protect our prosecutors who are committed to the pursuit of the rule of law and the proper administration of justice,” Mothibi said.
Morgan-Mashale to appeal ruling
However, Morgan-Mashale has vowed to challenge the ruling.
She claimed neither she nor her legal representative had been served with the court order and said they intend to appeal the judgment once they receive it.
“The strangest part is that neither my lawyer nor myself was served with the interdict, so we are waiting to be served and we are definitely appealing,” Morgan-Mashale said.
She insisted on possessing “overwhelming evidence” supporting her allegations and argued that the matter should be fully ventilated in court.
The whistle-blower linked her claims to information allegedly provided by a Zwelinzima Joseph Qnuru, who she claims has been unlawfully detained since 1998.
She also accused the court of denying her an opportunity to present her case.
Morgan-Mashale said her lawyer had requested a postponement because he was engaged in another trial in the same court.
She claims the request was refused and that the matter proceeded in his absence.
“The judge refused to grant the postponement, told him to leave and proceeded in his absence, which is extremely irregular,” Morgan-Mashale alleged.
She also questioned why she had not yet received a copy of the order despite public announcements about its contents.
“If there is an interdict, why are they withholding it, but demand that I should apologise and delete my posts? How is it possible to do that in the absence of the interdict?” Morgan-Mashale asked.
The NPA has indicated that it will monitor Morgan-Mashale’s social media platforms to ensure compliance with the court order while any appeal processes unfold.
Last August, the same court overturned an interim interdict obtained by Deputy National Commissioner for Crime Detection Lt-Gen Shadrack Sibiya, barring Morgan-Mashale from publishing defamatory statements on social media, accusing him of corruption.
