The owner of a local security company, Linja Allen, has been ordered by the Kimberley Magistrate’s Court to make available the chats contained in a WhatsApp group started by her in July 2018, says a report in the Diamond Fields Advertiser. The ruling came in the wake of an application by former Glitter Magazine column writer, Muishond Malan (Rudi Ferreira). Ferreira brought the application to have the messages contained in the WhatsApp group ‘No Filter Admin’ handed over in response to a harassment protection order filed against him by Allen. Ferreira, in his application, indicated that he needed the information (the messages contained in the No Filter Admin group) to enable his legal representative, Riaan Bode, to thoroughly cross-examine Allen in regard to the harassment protection order. Allen had obtained an interim protection order against Ferreira, prohibiting him from contacting, threatening, intimidating, provoking or harassing her and related persons. Ferreira is also prohibited from making any false statements and posts on any social media site about Allen, her business and related persons. This comes after Ferreira allegedly threatened Allen under his own name and under his alias, Muishond Malan, on social media (Facebook and WhatsApp). Ferreira handed the court printouts of relevant messages on the WhatsApp group (where he, Muishiond Malan, the DFA and Find It in Kimberley, a local online news site, were discussed) as evidence. He stated that this information had been obtained from a member of the public who did not want to be identified. Ferreira submitted that it appeared that several police officials were part of the group and participated through messages, while ‘freely distributing sensitive police information’. He also submitted that the documentation would indicate police brutality, irregularities by police members and also possible benefits that they could receive from participants of the group, adding that the information contained could be considered ‘extremely sensitive, shocking, and of a sexual nature’.

In deciding the matter, Magistrate Celeste Nameka noted a growing scourge of cybercrime. ‘This rapidly-growing crime in its many forms knows no boundaries and is evolving at a speed our legislation cannot and is not on par with. Nameka added that there was ‘a properly nuanced consideration required in order to determine, especially the issue of whether the statements constitute harassment’. ‘This impacts on a final determination on whether the statements are defamatory and whether the applicant is entitled to any declaratory relief sought,’ Nameka stated. She then ordered Allen, who is the group administrator, to make available the chats in the group created by herself in July 2018. ‘Such information is to be made available to the court within 48 hours and the court will determine the relevant parts for the purpose of this trial. She also ordered that the identities and personal details of the other members not be revealed to the opposing party, as they were not part of the proceedings. The cost order was reserved. The matter was postponed to 4 June for legal representatives to decide on the way forward.