Journalist takes on JSC over blocked access to information on IECMS

In a letter written by his lawyer Dr Innocent Maja of Maja and
Associates Legal practitioners, and delivered to JSC on Monday 2
October 2023, Desmond Chingarande, a senior court reporter employed by
Alpha Media Holdings, which publishes several newspapers and also runs
a multi-media organisation, outlined that since the introduction of
the IECMS platform, journalists have been experiencing challenges in
retrieving information pertaining to criminal and civil litigation
court documents as the digital system only limits access to the
parties to the dispute and court officials only.

In September, JSC advised its stakeholders that all litigation in
superior courts will now be done on the IECMS platform and to use
this, litigants or users needed gadgets such as laptops, computers,
tablets smartphones, adequate and stable internet connectivity and
need to be registered on the IECMS platform and to be trained on how
to use the IECMS.

Previously, Chingarande said, this used to be possible because
journalists would just sit in open court and follow proceedings. But
now, accredited journalists are not allowed access to the IECMS system
and are also not allowed access to virtual hearings and or trials so
that they follow proceedings in order to cover and report about them.

The court reporter argued that in terms of section 69(1) and (2) of
the Constitution, every person has the right to a fair, public hearing
and trial and a corollary of the right to a public hearing and trial
is the ability of the media to cover the proceedings and have access
to court documents.

Court hearings, documents and proceedings, Chingarande said, are
public unless there are cogent reasons for restricting publicity and
public access.

The AMH journalist said as currently set up and operating, the IECMS
platform has altered this position and has made it the general rule
that the public and the media’s access to court proceedings are
restricted unless as stated in Rule 56A(2) of the Amended High Court
Rules, which makes publicity of court proceedings held under the IECMS
platform to be an exception granted at the discretion of the Judge on
the ground of public interest.

This, Chingarande said, is contrary to the provisions of the
Constitution, which provides for public trials and hearings as a
general rule.

Chingarande charged that his right of access to information enshrined
in section 62 of the Constitution, has been violated by the lack of
access to information on the IECMS platform so as to cover and report
on court proceedings and court documents.

He argued that the lack of access to information pertaining to ongoing
court proceedings and documents by dint of the IECMS platform does not
constitute a fair limitation of his right to access to information and
is not reasonably justifiable in a democratic society based on
openness and justice.

Chingarande argued that he has journalistic privilege to enquire,
gather, receive and disseminate information and that his right to
carry on and practice his profession as a court journalist, which is
guaranteed in section 64 of the Constitution is being violated by the
JSC’s digital platform’s failure to allow journalists to access court
proceedings and court documents being conducted on the IECMS platform.

The AMH journalist wants JSC to make a provision for accredited
journalists to open IECMS accounts, where they would be able to follow
court proceedings and request access to filed court documents.

Alternatively, Chingarande wants the JSC to provide accredited
journalists with links to the IECMS platform so that they are able to
follow court proceedings on the digital system and to request for
court documents.

He gave JSC up to Friday 6 October 2023 to respond to his request and
proposals.