Recently a few companies, including debt counselling firm Dotsure and SA Home Loans, have refused to respond to media queries on behalf of clients, citing the Protection of Personal Information Act (POPIA) as an excuse.
However, the work of journalists is specifically excluded from the Act, such as when consumer journalists make enquiries on behalf of a member of the public.
Information Regulator spokesperson Nomzamo Zondi confirmed to the South African National Editors’ Forum (SANEF) that “Section 7 of POPIA clearly stipulates that the Act does not apply to the processing of personal information for journalistic purposes. Therefore, in this instance, where the companies refuse to respond to media inquiries based on POPIA – it’s incorrect. Furthermore, the journalist in this instance has received consent from the data subject to process their personal information, making the case of the journalist more solid.”
The chair of SANEF’s Access to Information and Media Policy committee, Izak Minnaar adds:
“This guidance from the Information Regulator means that as long as journalists follow the clauses on privacy and personal data in the Press Code of Ethics for Print and Online Media, they are acting within the prescripts of POPIA.
In the light of the response from the Information Regulator, journalists are encouraged to report companies to the IR if they do not want to respond to reasonable requests made on behalf of consumers.”
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 is saddened to learn that New Frame is closing its publication after the funder pulled the plug.
Launched on 16 August 2018, on the sixth anniversary of the massacre of striking miners at Marikana, New Frame is closing barely weeks away from the tenth anniversary of the Marikana massacre shattering the country’s hopes of sustainable and growing independent media voices.
We note that it came into existence offering the South African public unique news coverage that gave due weight and dignity to the lives and struggles of ordinary people. It was also an initiative that while beginning its work from Johannesburg, promised to progressively become a more pan-African publication in terms of both reach and orientation. As a result, it earned itself a rare brand of being referred to as the ‘people’s media house’ by its well-wishers and admirers within the noticeably short space of its existence.
SANEF has lamented the dilapidating state of the media as we witnessed the country’s small and independent publishers, community print and broadcasters as well as big multiplatform media companies retrenching hundreds of journalists, due to the negative impact of COVID-19 since 2020.
The demise of New Frame also comes at a time when SANEF is seized with the critical national debate on potential public funding models to sustain news media platforms in the country.
The New Frame editorial noted on Monday that “there is no commercial model to sustain it … there is no constituency within the public willing and able to fund it at a viable scale.”
We are also grappling with the nature of state-managed subsidies, which could be raised by taxation on the big data companies to sustain media for the public good to play its role in our democracy.
SANEF wishes to stress that the closure could be avoided if a funder comes forward to support this fresh and significant voice, which has added crucial diversity and plurality to the media landscape.
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) today proudly launches the revised e-version of the Reporting the Courts Manual, following a year-long collaborative public process that brought together the media, the judiciary, and media freedom advocacy stakeholders.
SANEF has also created a special portal https://courtreporting.sanef.org.za for journalists to access this revised edition of SANEF’s 2006 manual of the same name – offering extensive guidance for journalists reporting on South Africa’s law and justice system today. This enormous task was made possible with the assistance of Open Society Foundation for South Africa (OSF-SA).
Due to popular demand, the manual was revised after appeals from various stakeholders and court reporters who argued that the original manual was outdated. Journalists can now access the revised e-version on this portal together with all related training material, put together by the Institute for the Advancement of Journalists (IAJ) who held training webinars last December and in January and February.
Sbu Ngalwa, SANEF’s chairman, said the revised manual would not have been possible without voluntary assistance from the country’s greatest legal minds, including the Justices of the Constitutional Court, who continue to support this initiative. It is the media’s goal to strive to be accurate and balanced when reporting all the courts, commissions of inquiry and related judicial processes, said Ngalwa.
“As journalists, we have the unique responsibility to explain the decisions and processes of our courts, to the public. To do that, we first must understand the court system and how it functions. After all, judges and magistrates have little power outside of the courtroom to explain or unpack their positions. That is why we need the media to play that role, that is public good journalism.”
“As an organisation, we do a lot of collaborative work with training institutions around aspects such as court-reporting principles. We also constantly lobby the Justice Department and the office of the Chief Justice to ensure that journalists have unrestricted access to magistrates and the high courts,” Ngalwa said.
The late Chief Justice Pius Nkonzo Langa wrote the foreword in the first edition where he stated that: “(The) work of the media is not limited to reporting and criticising court decisions. Perhaps the greater challenge for the media is to educate people about their rights and how to enforce them.”
Justice Yvonne Mokgoro wrote the foreword for this revised 2nd edition where she said: “The law being a specialised field of knowledge, this reviewed version of the (Reporting the Courts) manual will continue to enhance the understanding and appreciation of court processes of reporting journalists…To the extent that the COVID-19 pandemic has impacted court processes and the operations of associated entities, the revision will stand journalists in good stead.”
She said the contribution of civil society, including funders, the academia, members of the judiciary and the legal profession has been significant in this effort of rendering the media efficient and effective in its public information role and function. “The demonstrated collaboration between the media and relevant role players in the production of this important manual is thus highly commendable,” Justice Mokgoro wrote.
The first 2006 edition was written by veteran journalist and editor, Kevin Ritchie. media stalwart Gwen Ansell and researcher Nonkululeko Sibambato, now an attorney did the 2022 revisions.
Note to Editors:
Justice Yvonne Mokgoro was a judge of the South African Constitutional Court from its inception in 1994 until the end of her 15-year term in 2009. Most pertinently for her contribution here, she has served as Chairperson of the Selection Committee for the Press Council of South Africa, which appoints the Press Ombudsperson and members of the Press Appeal Board.
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 concerned about the suppressing of a range of news channels reporting on the crisis in Ukraine. This is ranging from silencing independent news channels within Russia to channels such as RT (formerly Russia Today or Rossiya Segodnya) removed on the MultiChoice platform in South Africa.
The RT feed was blocked by MultiChoice’s provider in Europe as a result of wide-ranging sanctions introduced by the EU against Russia in the aftermath of that country’s invasion of Ukraine. This was followed by the blocking of RT from numerous news feeds and tech platforms globally.
We also strongly condemn the bombing of a Ukrainian TV tower in Kyiv that prevents citizens from accessing one of their news sources. Russian strikes on Kyiv TV tower brought down the main TV tower in the nation’s capital killing five people on Tuesday and knocking out some state broadcasting. This violates the rights of media workers in this conflict.
While we support freedom of access to a diversity of views, we do not support disinformation on any channels; and appeal to all to report factually, impartially, and truthfully for the benefit of all their audiences.
We also note that disinformation is a global problem with deception techniques becoming more complex and sophisticated, causing confusion, and having the effect of undermining human rights and democracy. That is why all news organisations have the responsibility to actively counter any built-in biases and seek to be impartial in all their reports.
RT is a Russian state-controlled international television network funded by the tax budget of the Russian government; and as such widely perceived as a state propaganda tool. It is nevertheless a source of information from Russia, that viewers could access along with all other channels, to critically assess its credibility and information for themselves.
SANEF is not blind to the fact that in Russia, the authorities have imposed censorship on information about the “special operation” now underway. According to Reporters without Borders (RSF), Roskomnadzor, the Russian media regulator, has told the media in that country that they must “only use the information and data they receive from official Russian sources” or else they could be prosecuted for spreading false information.
We also note the RSF’s call on belligerents and international organisations to guarantee the safety of the Ukrainian journalists, including more than 1 000 foreign correspondents reporting on the ground in Ukraine, according to figures provided by the Ukrainian military, which issues accreditations.
Both Resolution 2222, adopted in 2015 by the UN Security Council (of which Russia is a permanent member), and international humanitarian law require that journalists are protected during armed conflicts in the same as any civilian, even when accompanying military forces for their reporting purpose.
SANEF calls on all platforms, including those on social media, to be vigilant in ensuring impartiality and in countering disinformation.
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.
SANEF in partnership with the Institute for the Advancement of Journalism is hosting a series of webinars to accompany the relaunch of the Reporting the Courts manual.
The next instalment of the Reporting the Courts webinar series looks at the role of the judiciary and the office of the chief justice featuring @CASACZA @WhyJudgesMatter and the @HelenSuzmanFdn.
The South African National Editors’ Forum (SANEF) held its first Council meeting for 2022 on 12 February 2022 in Cape Town and deliberated on various issues plaguing the media industry and the country.
SANEF held robust discussions with the Auditor-General, Tsakani Maluleke, engaging her on the critical work of accountability in public funding and resources spent, and Water and Sanitation Minister, Senzo Mchunu, as government commits to prioritise water security, investment in water resources and maintenance.
Maluleke acknowledged the role of the media in ensuring the public is informed on the work of her office, including service delivery failures and corruption, often providing early warnings about critical areas that can inform their work.
“The media has also been a critical partner in highlighting our audit findings and ensuring they do not go unnoticed. As a case in point, I was particularly pleased by the extent to which the media used our reports, as reference point, during the 2021 local government elections. I want to assure you of our unreserved appreciation for that and for doing your work diligently and without fear or favour,” Maluleke said.
Minister Mchunu decried the numerous plans by successive ministers in his portfolio, highlighting that eradication of pit latrines, reconfiguration of water boards, and resolving the Vaal River sewage spillage will be prioritised during his tenure.
“We need a plan for water reticulation and sanitation that can be implemented by the department irrespective of a minister in the office. The department of Water and Sanitation wants to deal with the problem of the bucket system once and for all. However, it must start with pre-planning for settlements because often settlements are created and then the department starts following behind with water supply and sanitation requirements.
MEDIA ISSUES:
Access to the courts
SANEF is aggrieved by the deteriorating access for journalists to the country’s Magistrates and High Courts.
Despite access to the courts being secured in the Bill of Rights, which forms part of the Constitution, we have seen magistrates and judges arbitrarily barring journalists from covering public proceedings or imposing rules of access that are both unfair and irrational.
In the latest incident, Western Cape Judge President John Hlophe imposed an application process for journalists to attend the bail hearing review application of Zandile Christmas Mafe, the man accused of burning Parliament, after he was referred by the state to the Valkenberg Psychiatric Hospital.
SANEF wrote to the Judge President in January and is yet to receive a response.
In 2020, SANEF celebrated the Magistrates’ Commission having set national guidelines regarding media access to court proceedings, following months of campaigning.
However, magistrates across the country have ignored their own guidelines. SANEF has tirelessly tried to engage the commission with no success.
SANEF council resolved to write to the Acting Chief Justice Raymond Zondo to plead with him to intervene in this clear violation of the Constitution.
“We have received numerous reports from journalists in various provinces, complaining that they have had to apply for permission to cover court proceedings, sometimes arguing their cases in the magistrates chamber,” SANEF deputy chair Adriaan Basson said.
Nat Nakasa grave
SANEF reiterated its disappointment that the eThekwini municipality is yet to fulfil its promise to restore the tombstone of journalist and anti-apartheid icon, Nat Nakasa.
The tombstones of Nakasa and late former Orlando Pirates and Bafana Bafana goalkeeper, Senzo Meyiwa, lie desecrated at the Heroes Acre in Chesterville, Durban.
Media sustainability
SANEF council deliberated on journalism sustainability, including fair competition in the digital economy between news media and tech platforms and we are considering engaging the Competition Commission in this regard.
SANEF is also looking at projects that will support the sustainable future of community media as the coalface of information to society.
SABC matters
SANEF, in partnership with Campaign for Free Expression, will continue to push for the SABC grievance hearing against CEO, Madoda Mxakwe, and Board Chair, Bongumusa Makhathini, to be opened to the public. Now fired SABC chief executive Phathiswa Magopeni accused them of editorial interference.
We are also concerned by the growing trend of law-enforcement agencies making no progress in investigations of callous criminal acts of those threatening the lives of journalists, especially during elections. We again call on police to bring to court those threatening Lesedi FM journalists who have been threatened with rape, beatings and death and left threatening graffiti on the walls of the SABC offices in Mangaung, Free State.
The coalition of Southern African journalism organisations in Gaborone this week, led by the Botswana Editors’ Forum (BEF), to investigate the country’s controversial new Criminal Procedure and Evidence Bill has welcomed the Botswana government’s amendments to the Bill.
The government released amendments which reinstated judicial oversight over surveillance, interceptions and seizures. It also criminalized the abuse of these powers and introduced a new committee, headed by a judge and with extensive powers, that will oversee undercover investigations.
The coalition of organisations representing journalists across the SADC region gathered in Gaborone at the invitation of BEF. It came in response to the government’s plan to push through parliament a law that would have threatened the work of journalists and the country’s media freedom and free expression.
The coalition was led by the BEF and included the Press Council of Botswana, MISA Botswana, the Southern African Editors’ Forum (Saef), the Media Institute of Southern Africa, the Campaign for Free Expression (CFE) and the WAN-Ifra Media Freedom Committee. This group asked to meet the President and other government officials to discuss their objections to the Bill.
It was a strong show of solidarity that highlighted the concern with a draft law that African Editors Forum chair Jovial Rantao called “draconian”.
The government’s latest amendments to the Bill removed clauses that would allow authorities to surveil citizens and conduct undercover operations without a warrant for up to 14 days. It went further and criminalized the abuse of these powers, with penalties up to life imprisonment. The new Controlled Investigations Coordination Committee will coordinate such investigations and also “protect the interests of interception subjects and targets”. The committee will be headed by a judge and has strong powers to “impose administrative sanctions, award compensation, issue and follow up enforcement procedures”. Its decisions will have “the same effects as a judgement of the court”.
“In our view, this is not a perfect Bill, but we are prepared to live with it as part of a trade-off that citizens make in a democratic society to help the state fight modern-day crimes like financial terrorism and money-laundering,” said Spencer Mogapi of BEF.
“I want to thank media colleagues from the region and abroad who came to show solidarity with us in Botswana at a time when we felt that the future was all dark,” he said.
“We appreciate that the government heard the concerns and quickly made changes to improve the Bill. It is a very positive sign when governments respond in this way.
“From a Bill that threatened media freedom, Botswana now has one that regulates covert investigations. It is not perfect, but – if implemented properly – can have positive effects, said Anton Harber, of (CFE).
Joseph Ailonga of SAEF said: “We welcome these amendments and would want to encourage our colleagues in Botswana to now focus on the implementation of this bill once passed.”
Tabani Moyo, MISA regional director, said: “We welcome the government’s decision to water down the bill, although needs to be done to balance citizens’ right to privacy and national security. We will continue to engage with the government and citizens to ensure that rights are protected.”
Contacts:
Anton Harber, Campaign for Free Expression +27-83-3039497 [email protected]
Spencer Mogapi, Botswana Editors’ Forum +267 72110101
Joseph Ailonga, Southern African Editors’ Forum +264 85-2717853
The Southern African Editors’ Forum (SAEF) is deeply alarmed at what is about to happen in Botswana – the thwarting and suppression of free expression among its people and by extension the media through the contemplated Criminal Procedure and Evidence Bill.
SAEF joins the Botswana Editors’ Forum (BEF) and the African Editors Forum in calling on President Mokgweetsi Masisi to withdraw the Bill before Parliament and allow for wider public consultations as it is bound to have serious ramifications not only on the people of Botswana but the whole SADC region because of clear and known interconnectedness between the people and institutions of the country.
The Bill in its current format is dangerous as it forces the disclosure of information by citizens including journalists and allows intelligence officers to use fake identities while providing them immunity from prosecution.
A lack of oversight on the intelligence operatives is itself frightening, especially in a county we had come to regard as a beacon of good governance.
The Bill will also introduce a culture of arrogance and willy-nilly condemnation and execution of innocent citizens reminiscent of the colonial and apartheid-era. What Botswana is advocating in the Bill is totally against the ethos and spirit of the SADC Protocol on Culture, Information and Sport to which Botswana and 15 other member states in the region are now signatories.
Four key articles and clauses in that sanctity document stand out for us and all the people of SADC and these are Articles 17(a), 18(4), 19(1) and 20 but especially the last two which speak about member states agreeing to “cooperate in improving the free-flow of information within the region” and ensuring the “freedom and independence of the media”.
We are worried as SAEF, and here we associate ourselves with both TAEF and BEF that the contemplated piece of legislation will negate all the gains made through the regionally, continentally, and globally acclaimed Protocol which is concomitant with the Windhoek Declaration.
Even without this Bill, there was already widespread assault on the media in Botswana. We shudder what will become of the media when this Bill becomes a law.
We hope Parliament in Botswana and also the State President will be responsive to public outcry and take the Bill out to the public for consultations.
Additionally, we call on the United Nations Human and Peoples Rights Commission, through the Office of the Special Rapporteur on Freedom of Expression and Access to Information, and also the African Union Commission to take a stand and sanction Botswana.
Botswana, it is important to point out, does not have a Freedom of Information law. This by itself, even without this envisaged law has huge negative implications on the functions of the media and also on citizens’ ability to access information and hold authorities accountable.
For a country that has a reputation of democracy, the absence of Freedom of Information law is a big failure on the part of authorities.
We call upon all journalists in the SADC region and the world over to come together in solidarity with our brothers and sisters in Botswana.
SAEF together with other regional media freedom partners will as a matter of urgency be sending a delegation to Botswana in solidarity.
REPORTING THE COURTS WEBINAR SERIES SANEF in partnership with the Institute for the Advancement of Journalism is hosting a series of webinars to accompany the relaunch of the Reporting the Courts manual.
The next instalment in the Reporting the Courts webinar series will take place on 27 January.
This session will include insights from:
Mthunzi Mhaga – Special advisor and spokesperson to the NPA
Yvonne van Niekerk – Director of court administration at the Office of the Chief Justice
Karyn Maughan – Legal journalist at Media24
Chrispin Phiri – Ministry of Justice spokesman
The session will be facilitated by Dianne Hawker and Dr Candice Bailey.
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorised as necessary are stored on your browser as they are essential for the basic functionalities of the website. We also use third-party cookies that help us analyse and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. Opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always active
Necessary cookies are essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Analytics
Analytics cookies are used to track user behaviour on our website. We process these cookies to understand user engagement and improve user experience on our website.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.