The Gauteng High Court in Pretoria has ordered that the R12-million State Security Agency (SSA) fraud trial of former intelligence officials Thulani “Silence” Dlomo and Patrick Mshothola be opened to the public and media, following a legal challenge by media organisations.
Judge Mashudu Munzhelele issued the order on Thursday, allowing members of the public and accredited journalists to attend proceedings, subject to restrictions protecting intelligence sources and sensitive national security information.
The ruling follows a dispute over access after journalists were excluded under an earlier order granted on 14 October.
The court also ordered the release of four exhibits — G, H, I and J — reported to include a contract and three invoices linked to the alleged transactions. The individual exhibits have not been publicly identified.
The media organisations have reserved the right to pursue access to additional documents through further legal proceedings.
The dispute arose after the SSA sought to exclude the media and public from the remainder of the trial, arguing that testimony could expose intelligence sources, operational methods and cooperation arrangements with foreign intelligence services.
In the founding affidavit supporting the urgent application, attorney Charl du Plessis argued that the exclusion went beyond what the original court order authorised.
“The present blanket exclusion of media from proceedings is therefore not sanctioned by the order itself,” Du Plessis stated in the affidavit, as reported by Daily Maverick on 18 October.
The media applicants argued that sensitive evidence could be protected through targeted restrictions and redactions rather than closing proceedings entirely.
Dlomo and Mshothola face charges including fraud, theft and forgery relating to the alleged misappropriation of R12-million in SSA funds in 2015 under a covert operation known as Project Mayibuye.
According to the case papers, the money was obtained through three temporary cash advances linked to a purported contract with Kimberley-based Korolo Investment Holdings.
The prosecution alleges that the contract and related invoices were fraudulent. The company’s director reportedly told investigators that he had not signed the agreement or met Dlomo, and that the company had not received payment from the SSA.
The allegations have not been proven in court. Both accused are presumed innocent.
The order does not remove all restrictions. Intelligence witnesses whose identities are protected by the court must remain anonymous, and disclosure of sensitive material remains subject to judicial control. The use of classified documents during the trial does not automatically make them available for publication.
