Judgment in a civil case of defamation brought against the Mail & Guardian and a reporter by Bosasa operations was reserved by the High Court in Johannesburg on Tuesday.
Judge Moroa Tsoka would consider the matter and decide whether to grant applications for discovery and further particulars.
If granted, the identities of two confidential sources who supplied documents to investigative reporter Adriaan Basson could be revealed.
Bosasa Operations lodged a complaint of defamation against Basson and the Mail & Guardian after the newspaper published a story claiming the company had been awarded contracts to provide services to the correctional services department through corruption and bribery.
Bosasa, in its discovery application, had asked Basson to disclose his sources for the story, but he refused.
Jeremy Gauntlett, for Bosasa, said on Tuesday that Basson had violated the Mail & Guardian's internal code by running the story based on confidential sources.
There was no evidence Basson had tried avoiding using unnamed sources, or that the sources were reliable before he promised them confidentiality.
However, Wim Trengove, for the newspaper and Basson, argued on Monday that Bosasa's applications should be dismissed. This was because disclosure of the sources' identities – or documents which could lead to this – would detract from the media's guiding principle of public interest.
Sources would “dry up” and the public would not be informed of corrupt dealings as a result.
Gauntlett retorted on Tuesday: “M'lord, Mother Theresa is not before the court.”
Both the Mail & Guardian and Bosasa were private enterprises and as such “no one should be rubbishing anyone else in this court”.
Gauntlett also replied to Trengove's argument that the Mail & Guardian's article was only one “amid a sea of negative publicity”.
He said other publications had used greater caution. The article in question had “stated bluntly” that Bosasa had a corrupt relationship with the correctional services department. – Sapa