SABC loses again as High Court orders an urgent end to censorship

Written by TVSA Team from the blog News on 20 Jul 2016
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The Pretoria High Court delivered a crucial attack on censorship and oppression on Wednesday (20 July) by ordering the SABC to withdraw its ban on showing violent protests on its news bulletins and shows.

The case was submitted by the Helen Suzman Foundation who applied for an urgent interdict to stop Hlaudi Motsoeneng and his cronies on the SABC board from continuing to uphold the dictatorial decree that's plunged the SABC and the country into a deep state of despair, unhappiness and injustice.

The interdict was ordered after discussions between the SABC and the Foundation who reached an agreement on the terms. The resulting interdict is a court order which states that the SABC can't enforce the ban until the case is heard in the Constitutional Court.

The Foundation will be taking the matter to court where it will challenge the ban which means that the interdict isn't a permanent solution but rather a plaster to the crisis.

The argument used by the Foundation is that the SABC's behaviour has violated the country's Broadcasting Act, Bill of Rights and Constitution. The interdict orders that the SABC will lift the ban while maintaining editorial control over its news bulletins and shows.

The order comes the day after the SABC fired eight journalists for standing up against autocracy. The journalists include Special Assignment producer Busisiwe Ntuli and Economics editor Thandeka Gqubule. Yesterday Afrikaans news anchor Ivor Price joined them by resigning, echoing former CEO Jimi Matthews by stating: "I can't remain silent anymore."

The journalists will be appealing their firing in the Consititional Court by arguing that the ban is unconstitutional and places them in a position where their rights have been violated because the constitution guarantees them their freedom of expression.

Today's High Court order also comes amidst the SABC's blatant refusal to honour ICASA's ruling on 11 July that stated that the ban needs to be lifted. The SABC were supposed to respond to ICASA's ruling this past Monday but sent out a wordy press release instead stating that the broadcaster hadn't received official documents informing them of the ruling and wouldn't respond until they'd received them.

And now they have no choice but to honour the ruling because a High Court has ordered them to. But will they?!... They're making up the rules on a moment to moment basis so it's impossible to know what will happen next.

The only certainty is that this nonsense has to STOP!

2 Comments

TVSA Team
20 Jul 2016 16:18

Justice prevails! ICASA has just confirmed that the SABC has agreed to its ruling that they need to withdraw the ban.

TVSA Team
21 Jul 2016 12:38

Reactions to developments are in.

This is a group statement by the Campaign to Save Our SABC, which includes various organisations including Media Monitoring Africa and the SOS Coalition who laid the complaint with ICASA...

(The SABC has been silent with no statement.)

20 July 2016 A Watershed Day for the Independence and Credibility of the SABC
Issued on: 20 July

Since 02 July 2016, the Campaign to Save Our SABC, which constitutes individuals, organisations and movements campaigning for social and economic justice for all has campaigned for and built up a broad front of activists committed to the independence and credibility of our national public broadcaster. From the very outset, we have been clear about our demands which include:

1.    The immediate and unconditional lifting of the suspension and dismissal of SABC journalists facing disciplinary action for being brave citizens and refusing to undermine the credibility and integrity of our SABC.

2.    That the SABC’s illegally revised editorial policies be scrapped.

3.    The immediate reversal of all downward editorial decisions premised on the unlawfully revised editorial policy.

4.    That Motsoeneng is sacked from the SABC, in keeping with the Public Protector’s recommendations and the Western Cape High Court’s judgment which found his appointment to be “irrational” and, therefore, unlawful in the first place.

5.    That the lame-duck and inquorate SABC Board that has enabled Motsoeneng’s reign of terror and patronage to be reconstituted on an urgent basis.

6.    That Faith Muthambi is sacked for her delinquency and collusion with Motsoeneng and the SABC Board in unlawfully revising the editorial policies and enabling the continued decay of the SABC.

Today, in a gold-star watershed for the integrity of the single largest mass communication medium in the country, the SABC, and the integrity of our constitutional democracy with it, the Helen Suzman Foundation successfully interdicted the SABC from proceeding with enforcing editorial directives including those which gave rise to the banning of visuals of the destruction of property where it occurs in local government protests, as well as the banning of coverage that is critical of the ANC and the President of the Republic of South Africa. These directives were unlawful when they were issued in as much as they have come to be found by a court of law now.

Buttressing this great victory, the SABC is reported to have accordingly submitted a letter to ICASA, confirming that it will abide by the ruling and recommendations of the regulator's Complaints and Compliance Committee, and was adopted by Council on Monday 11 July 2016, confirming, once again as was done in the so-called "Nkandla" Constitutional Court judgment that the findings and recommendations of a Chapter 9 institution, such as ICASA is, are binding.

It is regrettable that the SABC’s COO, Hlaudi Motsoeneng, and Board Chairperson, Obert Maguvhe, took this long to come to this rational and principled conclusion after much huffing and puffing and blowing of hot steam.

These two victories, however, only address the third of our six simple demands towards the turn-around of our SABC which has been in the double crisis of credibility and corporate stability for no less than the last decade.

Principally, we are mindful of the fact that the SABC 8 have been summarily dismissed by Motsoeneng, with the support of his delinquent Board, a power-hungry Minister of Communications and an equally delinquent Portfolio Committee on Communications in Parliament, have not yet been reinstated with immediate effect.

Indeed, we are concerned about the continued climate of fear and terror, and culture of self-censorship that has gripped rank-and-file SABC workers by their throats. A climate and culture that was established by, and continues to be enforced by Hlaudi Motsoeneng.

We are emboldened by today’s powerful developments, and are unyielding in our commitment to see that our demands which are essential to turning the SABC around are met.

Issued by: Media Monitoring Africa, the SOS Coalition, the South African Communist Party, the Right2Know Campaign, the Broadcasting, Electronic Media and Allied Workers Union and the Media Workers' Association of South Africa.

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