AN URGENT Cape High Court application by Finance Minister Trevor Manuel has once again catapulted the issue of pre-publication censorship into the spotlight.

Manuel lodged the urgent application against economist and activist Terry Crawford-Browne to prevent him making further "unlawful and defamatory" allegations about arms deal-related corruption and criminal conduct against him.

The Freedom of Expression Institute said yesterday although it could not comment on the Manuel case, pre-publication censorship had become a worrying trend in South Africa where those unhappy with things in the media tried to have it gagged.

FXI spokesperson Na'eem Jeenah stressed that although everyone had the right to go to court if they felt they were being defamed, people often did this as an "option of first resort".

"Pre-publication censorship is something we should not be tolerant of," he said.

Manuel's case will be heard next week, but he wants an immediate restraining order, pending the 30 days allowed for a reply to the application for a final interdict.

In papers lodged with the court the minister said he had reasonable apprehension of suffering "immeasurable and irreparable harm" to his reputation and the ability to carry out his duties, if Crawford-Browne was not restrained and the allegations already published were not removed.

In his founding affidavit the minister said: "It is widely known that the NPA has charged ANC president Jacob Zuma with corruption and other offences in connection with the arms deal.

What the respondent has been saying is that I, too, should be so charged. It is these remarks that I contend are unlawful and defamatory and in respect of which I seek court protection."

Yesterday, Jeenah said despite a string of cases against publications, notably the Mail and Guardian, courts were not "too tolerant" of pre-publication censorship.

He said those who were aggrieved should wait for the court to make a ruling before calling for censorship.

With acknowledgement to Wendy Jasson Da Costa  and Cape Times.