Cape Town Metro Police officer barring a journalist from covering the eviction of refugees the Central Methodist Mission on Greenmarket Square. Pic: Unknown
In response to the Judge H Fabricius’ judgement handed down in the matter of Mr Collins Khosa on Friday, 15 May 2020, in the North Gauteng (Pretoria) High Court of South Africa, the South African Police Service (SAPS) has through its National Service Complaints Centre created a platform enabling the public and the media to report allegations of police brutality or cruelty, inhumane and/or degrading treatment and/or punishment, committed by members of the SAPS.
The public may, for the duration of the State of Disaster, report complaints regarding the SAPS at the nearest police station, the National Service Complaints Centre on the toll-free number 0800 333 177 or on the following email addresses
Complaints can vary from torture and/or cruel, inhumane, and/or degrading treatment and/or punishment, committed by law enforcement members including poor service delivery regarding police response, investigations, police negligence and police misconduct.
When you report a complaint, the respective complaint will be required to contain detailed information such as full names and surname, identity number, residential/business address, telephone and cell phone numbers and an email address.
Complainants will also be required to give a detailed description of what occurred during the incident including the province/area in which the complaint originates as well as the date and time of the incident and details of the SAPS officials involved.
The national state of disaster has created an unprecedented situation which requires the co-operation of everyone to prevent, limit, contain, combat and manage the spreading of COVID-19. Law enforcement agencies are expected to ensure that the disaster management regulations are adhered to by all inhabitants of the country.
Regulations and Directions are available at http://www.saps.gov.za/newsroom/ regulations/regulations.php
Members of the public suspected to be in contravention of the disaster management regulations may expect the following to happen:
– Be arrested or requested to accompany a law enforcement officer to a police station;
– If the offence is of a serious nature, the person may be detained, subject hereto that he or she must be brought before a court as soon as reasonably possible, but no later than 48 hours after the arrest.;
– The person may apply for bail at his or her appearance in court;
– If the offence is less serious, the community service centre commander or the senior member of the SAPS in charge must consider the release of a person (in consultation with the investigating officer) ─
(a) on a written warning to appear in court (section 72 of the Criminal Procedure Act, 1977) [Form SAPS 496 will be issued with a court date];
(b) on written notice (section 56 of the Criminal Procedure Act, 1977) (Form J 534 will be issued with an option to pay a fine or appear in court on the date indicated on the form. This option enables a person to pay an admission of guilt fine and to be released thereafter. This means that the person will not have to appear in court, but by paying the admission of guilt fine, it is regarded as if the person has been convicted in court on the charge and the person will have a criminal record);
(c) on bail (sections 59 and 59A of the Criminal Procedure Act, 1977) [J398 or J399] (This means that an amount for the bail will be determined by the relevant police official or the prosecutor. The person will have to appear on a date indicated on the receipt);
(d) after a charge has been withdrawn through an arrangement with the Public Prosecutor; or
(e) if he or she was detained as a suspect but is released from detention before the expiry of the 48-hour period because no charge is brought against him or her (section 50(1)(c) of the Criminal Procedure Act, 1977) [SAPS 328].
The public is urged to take note that the guidelines regarding enforcement of the State of Disaster Regulations. They allow that a law enforcement officer may forcibly confine the body of the arrested person if the person does not submit to custody (in accordance with section 39 of the Criminal Procedure Act, 1977). Furthermore, if the suspect resists the arrest or attempts to flee, section 49(2) of the Criminal Procedure Act, 1977, authorises an enforcement officer to use force that is reasonably necessary and proportional to overcome such resistance or attempt.
However, under no circumstances may a person be tortured, assaulted, or mistreated in any manner by a law enforcement officer.
It is expected of law enforcement officers to support the aim of the State of Disaster by providing a service, render assistance, give advice, guide and lead the community, in order to ensure that lives are saved. This is being achieved by ensuring that there is enforcement to inter-provincial/districts travel through roadblocks and Vehicle Check Points, checking and verification of permits issued under the regulations, ensuring closure of borders and monitoring movement of cargo, issuing of fines and arresting of offenders for non-compliance, compliance check during routine patrols and high visibility patrols and visits to identified areas. These enforcement activities also ensure that the restriction of movement of persons as the main component of efforts to confine and manage the spreading of COVID-19 is achieved.
Law enforcement officers are further expected to encourage and sensitise members of the public to adhere to social distancing. Even though social distancing is currently not an offence and it cannot, therefore, be enforced, law enforcement agencies must ensure that high visibility is maintained around malls, shopping centres and other areas and that the public is informed about compliance with the promulgated regulations in terms of section 27(2) of the Disaster Management Act, 2002; liaise with private security to assist enforcement within their mandate, and social distancing (2 meters away from other persons) is applied in public when shopping and visiting health facilities.
Today we share with you some news about the course “Media Freedom and Freedom of Expression in Africa” created to amplify the legacy of the late South African media activist, Jeanette Minnie.
To respond to the pandemic, a third – and updated – version of this free 7-week course (90 mins a week) kicks off 15 June. Registration is here: http://bit.ly/MediaFreedomAfrica
Besides referencing the new “Declaration on Principles on Freedom of Expression in Africa”, there is now a new session titled: “African media in times of the COVID-19 crisis”.
It would be really appreciated if you could also promote the course through your networks.
When a vibrant media infrastructure is more important than ever, this free online course can help result in policies that promote affordable internet, protect journalism and support independent media –
especially in Africa.
To highlight some feedback from participants last year:
“The modules were packed with useful and incredibly concise information, with transcripts one can download for keeps. I love the case studies that spoke to each module and how diverse they work (focusing on different African countries). Kudos to the people who set the questions – it was clear they are incredible teachers.”
“A new insight to the role of engagement played by civil society to bringing about good governance in their respective countries and the need for it never to relent and continually serve as a watchdog in their respective countries.”
A vibrant media system before, during and after the pandemic is mission-critical for African progress. Let’s encourage and empower more people to achieve this.
Please click on the links below for more information:
The South African National Editors’ Forum (SANEF) and the community media at large are deeply saddened to learn of the death of community media activist and editor, Ms Masindi Octavia Mkhize (43).
According to her family, Mkhize suffered a stroke and died on her way to the hospital on Friday, 22 May 2020.
Dunisani Ntsanwisi, SANEF’s Community Committee Convenor, said Masindi would be remembered for her passion and dedication towards the growth and sustainability of community print media platforms.
“She was one of the last few remaining voices for the community print media who pushed for the development of the sector in South Africa’s indigenous languages,” he said. He added that Mkhize had dedicated her life to the sector since 1995.
Mkhize was the publisher and editor of the Pinetown based newspaper, EzaKwazulu News. She was part of the team that forged a long-standing working relationship between the community media and the Office of the KwaZulu-Natal Premier, which saw KwaZulu-Natal Community Print Media Publishers receiving more than R1 million in advertising revenue between 2009 and 2018. She was also part of the team of KwaZulu-Natal Publishers who signed an advertisement contract with Ethekwini Municipality in 2017, which has been running for over three years. Mkhize was recently appointed the Deputy-President of the Association of Independent Publishers (AIP). She is survived by her three daughters.
Note to Editors:The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
Social media has become one of the primary tools through which journalists carry out their work. Whilst the advent of this technology has greatly expanded the means by which journalists can communicate directly with the public, it has also brought about interesting new challenges for journalists as well as their employers.
Please click the link below for the social media policy guidelines produced by the Press Council. These guidelines will assist you in drawing up a social media policy for your journalists.
The South African National Editors’ Forum (SANEF) is disturbed to learn of an article published on SAFA’s website titled “City Press tendencies, typical of Stratcom behaviour”. While SANEF respects the South African Football Association’s (SAFA) right to challenge articles penned and published or broadcast by journalists, it is the name-calling and labelling of journalists and media houses that we find unnecessary.
SANEF’s rallying call is for political parties and other interested groups to approach the Ombud’s office through the Press Council and the Broadcasting Complaints Commission of South Africa (BCCSA), as independent judicial tribunals to challenge the accuracy of reports and those that breach media ethics and principles.
We also wish to remind SAFA that in January this year, Prof. Anton Harber and Thandeka Gqubule-Mbeki won their defamation case against the Economic Freedom Fighters (EFF) for calling them spies associated with Stratcom, and the court declared that the allegations were defamatory and false.
We wish to reiterate that the labelling of journalists as members of ‘Stratcom’ – which was a notorious propaganda and disinformation unit of the security police under Apartheid – is dangerous and demeaning.
We believe that it is better to have an incorrect report properly investigated and sanctions imposed than resorting to social media attacks on journalists and creating a toxic atmosphere of conspiracy-mongering and hatemongering towards journalists and the media in general.
We also wish to remind SAFA about the agreement SANEF reached on 18 September 2019 at a roundtable at SAFA House, where we discussed ways to enhance the mutual understanding around football matters and administration.
The roundtable, attended by SAFA leadership and SANEF members, including SAFA President Danny Jordaan and CEO, Russel Paul and SANEF’s Gauteng Convenor, Hopewell Radebe, agreed on five principles of engagement going forward:
These were:
Open and honest engagements between SAFA and the media;
Access to SAFA leadership and players;
A level playing field where all media are granted fair and unbiased access to information and the need for SAFA to improve communication around its’ agenda, strategy, progress and challenges against its goals and finances; and
Availability and repository of data.
The fundamental underlying principle which both parties emphasized was the mutual respect for the independence of and upholding of the integrity of media organisations and their stakeholders. We hope that SAFA will keep its promise.
Note to Editors:The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
The South African National Editors’ Forum (SANEF) is deeply concerned that community media journalist, Paul Nthoba, has been forced to flee the country and seek refuge in Lesotho.
Nthoba was assaulted by members of the South African Police Services (SAPS) on 15 May 2020 while profiling the visibility of police members who were making sure that citizens were adhering to the Covid-19 lockdown rules and regulations. He was physically abused and beaten up in the township of Meqheleng, close to the Lesotho border.
Following this traumatic incident, Nthoba went to the Ficksburg police station to lay a charge but instead of being assisted by the police, he faced further abuse.
While at the police station, the same police officers that had assaulted him, arrived and wanted to bar him from opening a case, and instead they insisted that he should be charged for contravening the Disaster Management Act. We understand Nthoba was further assaulted while in the charge office.
Nthoba told SANEF that he decided to cross the border into Lesotho to seek refuge at the United Nations offices in Lesotho because he feared for his life. Following the assault, he has seen marked police vehicles patrolling his street and another parked in the street a few meters from his home, with no explanation. His family became extremely concerned and he decided to flee.
He reached out to the United Nations office in Lesotho and the Lesotho government and together they have been protecting him. He has been placed under quarantine due to the Coronavirus restrictions.
The same SAPS officers who assaulted him, remain on duty.
Nthoba has confirmed that the Independent Police Investigative Directorate (IPID), an agency of the South African government responsible for investigating complaints against the SAPS and municipal police services, came to see him on Monday. He was in the process of completing his supplementary and detailed statement for IPID when he observed the intimidatory tactics of the SAPS officers.
Nthoba has pleaded for assurance from the SAPS that he will be safe.
SANEF Chairperson Mahlatse Mahlase said: “We need the Police to give assurance that he can return home and will be safe. It is unacceptable that a South African citizen must fear the very people who are supposed to protect him. We would also like to know what action the SAPS will be taken against the police officers that remain on duty in the small town”.
Finally, SANEF has been in contact with the Minister of Police and has also formally written to him. He has assured us that he will take this matter up with the national and provincial police commissioners to ensure that this issue is dealt with as a matter of urgency.
Note to Editors:The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
For 14 years, this award has been recognizing and encouraging watchdog journalism, but never before have we done it under such challenging circumstances.
Judges remarks for the 14th Taco Kuiper Award for Investigative Journalism delivered by Anton Harber, convener of judges, please click the following link for the complete speech: JudgesSpeech2020FINAL.
The South African National Editors’ Forum (SANEF) is deeply disturbed to hear of the abuse of community media journalist, Paul Nthoba, by the South African Police Services (SAPS), in a township Meqheleng, close to the Lesotho border. However, we are even more deeply disturbed to hear of the abuse and incarceration he subsequently experienced at the Ficksburg police station, where he went to lay an assault charge.
On 15 May 2020 at around 2 pm, Nthoba was on a news-gathering assignment in Ficksburg focusing on the Covid-19 news coverage for the community newspaper he had launched, Mohokare News.
Nthoba was profiling the visibility of the police members who were making sure that citizens were adhering to the lockdown rules and regulations. Nthoba reported that he saw the police patrolling the streets, and he captured a few photos. However, the police members objected. They accosted him, confiscated his phone, and told him that he had not explicitly requested their permission. An argument ensued, and they started attacking, insulting, and assaulting him. SANEF has an audio recording of this abusive interaction.
Immediately after this traumatic incident, Nthoba went to the Ficksburg police station to lay a charge. When he got to the station, the same police officers arrived and started protesting that he should not be allowed to open the case; instead, they insisted that he should be charged for contravening the Disaster Management Act. They again assaulted him while in the charge office, accusing him of causing trouble for them ever since he had established his newspaper. He was then kept for four hours in the holding cells.
Nthoba was then taken to the Fiksburg Hospital to deal with his injuries and trauma.
SANEF is deeply concerned to hear about this abuse out in the field – but also, even more worryingly, at the police station, the very place where Nthoba had sought refuge and to hold the police offices accountable.
SANEF notes that community media platforms present critical local alternatives to mainstream print and broadcasting. We believe that they play an important role in diversifying the media, profiling local voices, reflecting local struggles, and building communities by holding local authorities to account. We believe that journalists and media at this level, often experience more abuse than affluent, often more high-profile mainstream media – we thus must ensure their protection. We believe that SAPS leadership – and the leadership of all security authorities – should apply a zero-tolerance policy against all forms of harassment towards all our media.
Finally, SANEF will be taking this matter up with the security authorities at the highest levels – including the list of other abuse charges that have taken place under lockdown. SANEF has had several informal discussions with the SAPS, with IPID and with the Metropolitan Police in Cape Town. We now have consolidated a list of abuses. Once again, we will be calling for a meeting with the National Commissioner of Police, IPID and the Metropolitan police in Cape Town.
For more information please contact:
Note to Editors:The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.
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