Today the panel led by retired judge Kathleen Satchwell released the report of the commission of inquiry into ethical challenges facing South African journalism and officially handed it over to the South African National Editors’ Forum (SANEF).
The report by Satchwell and fellow panel members – veteran journalist and author Rich Mkhondo and award-winning journalist and former Fulbright Hubert H. Humphrey Fellow Nikiwe Bikitsha was commissioned by SANEF in June 2019.
Today the panel led by retired judge Kathleen Satchwell released the report of the commission of inquiry into ethical challenges facing South African journalism and officially handed it over to the South African National Editors’ Forum (SANEF).
The report by Satchwell and fellow panel members – veteran journalist and author Rich Mkhondo and award-winning journalist and former Fulbright Hubert H. Humphrey Fellow Nikiwe Bikitsha was commissioned by SANEF in June 2019.
The Inquiry was proactively set up following the events surrounding the publication and subsequent retraction of a series of stories by the Sunday Times between 2011 and 2016, and public debates about reporting and processes followed in newsrooms across the country. The terms of reference of the inquiry were to look at possibilities of ethical lapses within the industry and to find solutions to enhance quality, ethical journalism.
While South African journalism has been lauded for courageous, investigative work that has helped advance our democracy, as SANEF we believe the media must continuously introspect to strengthen the relationship of trust with the public we serve and ensure accountability. The terms of reference included a review of the systemic problems that could be impeding ethical conduct across the media landscape. The panel sought clarity on, “those challenges confronting the media industry generally and journalists in particular which hinder the appropriate, honest, accountable and effective reporting necessary for advancing and strengthening Constitutional democracy in South Africa.”
We warmly thank the Sunday Times for their full cooperation with the Inquiry, showing their commitment to ethical journalism – and we welcome the improvements the newspaper has already made to its news production processes. We are disappointed by the decision of the Independent who chose not to engage.
Panel methods and processes
Between July 2019 and March 2020 the three-person Panel engaged in various ways with 167 individuals and entities, perused close to 200 documents and sought ad hoc research inputs including a comprehensive longitudinal study of the work of the South African Press Council. Consultations occurred with newsroom practitioners, owners, academics, consumers and concerned individuals and institutions. Members of the public were encouraged to participate in the process.
From April to December 2020 the Judge and her fellow panellists drafted their over 300-page report including 69 recommendations.
The Panel, unlike national commissions of inquiry, functioned without a secretariat, investigators or evidence leader. It relied on limited financial resources and had no statutory powers. SANEF, as the commissioning organisation, provided the terms of reference, the funding and ad hoc administrative support. Further, SANEF made an initial and detailed formal written submission to the panel outlining its views on the issues, followed up with further detailed clarifications and expansions as requested by the Panel. The final report is the independent product of the Panel’s deliberations.
SANEF’S initial response
SANEF notes that the inquiry made no official findings but extensively details some of the challenges to news gathering and reporting as raised by those who contributed to the inquiry. They include constrained financial models, digital disruption, smaller newsrooms with growing demand for journalists to do more. SANEF notes the detailed 69 recommendations put forward, arranged into the following eight categories: media freedom, media diversity, ethics and standards, financial resources, safety and security of journalists, continuing professional development, the Sunday Times and regulatory bodies.
SANEF will rigorously debate these recommendations to assess them and to see how they can be implemented in the advancement of ethical journalism that is at the heart of strengthening our democracy.
We will also share the report with various industry players, including media owners, unions, government, media training institutions and other institutions that could be best placed to implement some of the recommendations.
As an initial response SANEF welcomes the report’s endorsement of the critical role of self and co-regulatory bodies such as the Press Council and the Broadcasting Complaints Commission of South Africa (BCCSA) and the importance of all print and online publications seeking membership of the Press Council and adhering to its ethics code. We welcome the suggestions around ensuring the strengthening of these bodies and ensuring their accessibility to the public to ensure accountability.
We welcome the recommendations that call for government, the private sector, civil society and other bodies’ endorsement of media freedom and, safety of journalists.
We also welcome the recommendations on media sustainability including the establishment of a media sustainability fund supported by government, corporates, private and and international donors that could support media regulatory bodies, media freedom organisations and ongoing projects to build the long-term sustainability of the media industry including vulnerable sectors such as community media. This is even more critical as we confront the dire state of the industry as it sheds jobs and is forced to find new funding models as advertising revenue dwindles.
Way forward
SANEF commits to consulting as widely as possible with both its own members and all other media stakeholders to draft a SANEF and industry 5-year ethics action plan. The plan will be debated and adopted at an ethics and credibility conference to be held later this year.
We wish to thank Judge Satchwell and her fellow panellists Mkhondo and Bikitsha for their hard work and important contribution to journalism.
We also warmly thank ordinary South Africans, journalists and experts – who took the time to contribute to building an ethical media that is so crucial for strengthening our democracy.
The South African National Editors’ Forum (Sanef) deeply mourns the deaths of four journalists who died in the past week from Covid-19 complications.
SANEF has learnt with great sadness of the passing of Sunday Independent news editor and investigative journalist Solly Maphumulo; Former Cape Argus photographer Enver Essop; resource coordinator in the SABC newsroom in KZN, Ismail Jinnah, and senior political journalist Knowledge Simelane of Ilanga Newspaper in KwaZulu-Natal.
Solly Maphumulo
Sunday Independent news editor Maphumulo died on Tuesday from Covid-19 related complications.
Zingisa Mkhuma, Sunday Independent editor, said Solly’s death was a tragic loss both for her family and the journalism fraternity. “I called her soldier because of her ability to investigate and get to the bottom of things.”
“She fell ill as soon as she came back from leave last week. She had complained about a tight chest even before we broke off for the festive season. She was admitted to hospital last Tuesday 5th January and she told me they had placed her on oxygen and had given her a drip. I thought she would be out in a few days and I was shocked to be told she passed away.”
“I was very fond of her and she was one of the young ladies I had hoped would be the leaders in our newsroom in the near future,” she said.
Former colleague and friend Baldwin Ndaba said Solly came to The Star during an exodus of black women journalists in the newsroom mostly to join private companies while others took jobs in government.
He said the rural girl from KwaMaphumulo in KwaZulu-Natal did not disappoint; her rise in journalism was like lightning. She exposed the shenanigans at the Hawks during the tenure of General Berning Ntlemeza. She broke the story on some law enforcement authorities and criminals using “grabbers”, to intercept conversations of private individuals. Her stories also exposed factions in the Hawks. The NPA was not spared either. She exposed injustices, favouritism and maladministration in the Gauteng division of the NPA – an effort she carried out meticulously.
Her former colleague Cecilia Russell described her as a “brilliant and determined journalist”. “She was brave. She became a top-class journalist, investigative reporter and a brilliant friend.”
Enver Essop
Former Cape Argus photographer Enver Essop died at the age of 54 on Tuesday after contracting Covid-19. Essop worked for several news publications, including Die Burger, the Cape Argus and the Cape Times. He was described by colleagues as a “gentle giant”.
Independent Media editor-in-chief Aneez Salie said: “I am saddened by the news. It was a pleasure working with Enver, nothing was too far for him. It is a reminder to our colleagues to be cautious and to take this virus seriously.” Salie was the Cape Times night news editor at the time he worked closely with Essop.
Photographer Ian Landsberg said: “Very few of the Argus photographers had the ability to capture the nuances of township life. He was a passionate photographer and he captured stories that you could really feel. He took his time when he went out on jobs to really capture an image and tell a beautiful story.”
Ismail Jinnah
Veteran SABC television and radio producer, Ismail Jinnah, passed away last week following Covid-19 complications at the age of 65. He retired in 2019.
Former colleague Izak Minnaar described Jinnah, who was resource coordinator in the SABC newsroom in KZN when he retired, as an outstanding researcher and trainer.
“He was passionate about training young journalist on how to use technology to advance their careers. He came up with lots of tricks and digital techniques that enabled journalists to excel in researching content for their stories and also to grow their digital skills in studio production,” he said.
Minnaar said Jinnah spent the last years of his career involved the planning and deployment of teams for major projects such as elections.
Former Durban colleague and SANEF KZN convenor Judy Sandison said: “Ismail was a very dedicated and hardworking person whose commitment to excellence shone through in every project he undertook at SABC news – during his time both in Johannesburg and in Durban. He was also a digital fundi who trained news staff to expand their work across digital platforms.”
Knowledge Simelane
Veteran political writer Knowledge Simelane died from a suspected Covid-19 related illness yesterday.
Editor Philani Mgwaba described Knowledge Simelane as a man with a fountain of political knowledge and a thorough understanding of government political dynamics, especially in the province of KwaZulu-Natal.
“His death has come as a great shock to us. To die alone as he did is incredibly sad. Knowledge was a great and unique human being with an infectious laughter and a great sense of humour, which was a tonic to all of us in the newsroom,” he said.
He will leave a great void at Ilanga and we wish to express our sincere condolences to the Simelane family.
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 about the high level of misinformation, fake news and disinformation relating to Covid-19 and to vaccination. We wish to caution against the spread of news intentionally misleading the public which has become an increasing problem for the functioning of our democracies, affecting individuals’ understanding of reality.
We note that social media is increasingly used to influence and manipulate public opinion and societal attitudes towards the COVID-19 crisis. A growing number of government officials, political representatives and some misguided individuals are turning to internet platforms and media outlets to exert influence and to peddle disinformation on vaccines and COVID-19.
We therefore call on the country’s media outlets to debunk misinformation, disinformation and fake news about COVID-19 and vaccines. We urge journalists to be cautious in their continued efforts of balancing news reports not to allow anti-vaccination comments without scientific response. SANEF does not call for censorship, but for sensible, fair and balanced open debate on these sensitive issues. They are a matter of life and death for the nation.
Amid controversy surrounding the perceived safety of vaccines, SANEF calls on news outlets to explain vaccines and how they work quoting credible science-based institutions and experts to counter the spread of hate and fear or the perpetuation of misunderstandings.
We believe that the media’s commitment to fairness and balance should be guided by its concomitant responsibility to prioritise the public interest, based on the objective and factual verification required to make the news accurate and credible.
SANEF also encourages citizens to report disinformation to the real411.org online portal. This includes false, inaccurate, or misleading information that is designed, presented, and promoted online and on social media platforms to intentionally cause public harm. There is also the Ombuds office in the Press Council as well as the Broadcasting Complaints Commission of South Africa (BCCSA) to deal with print and broadcasting, respectively.
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 calls on the leadership of the Zimbabwe African National Union – Patriotic Front (ZANU–PF) to step in and discipline its Director of Information and Publicity, Tafadzwa Tuboy Mugwadi, who is assaulting media freedom and freedom of expression daily on social media.
SANEF has sadly noted the blatant sexist and misogynistic vitriol directed from Mugwadi to SABC Foreign Editor Sophie Mokoena in a bid to intimidate, harass and stop her from doing her job of reporting on Zimbabwe and the continent.
Mugwadi seems to have taken it personally that Mokoena asked tough questions about the whereabouts of Zimbabwe President Emmerson Mnangagwa amid the Coronavirus crisis in the country.
SANEF advises both Mugwadi and the ZANU-PF to direct their complaint, if any, about Mokoena’s reporting to the SABC management and the Broadcasting Complaints Commission of South Africa (BCCSA).
In September 2020, we expressed our serious concern about the vicious online and social media trolling of women journalists and media workers in Zimbabwe. At the time, we cautioned against the tweets by George Charamba, the Press Secretary in the Office of the President of Zimbabwe and Permanent Secretary in the Ministry of Information of Zimbabwe, who was behind the attacks on Mokoena and a colleague, Peter Ndoro. We cautioned that Charamba’s actions – assisted by Nick Mangwana, Secretary for Information in Zimbabwe – were creating significant professional harm. We asked them to stop.
And now Mugwadi has taken over the job of intimidating, sowing disinformation and discrediting the integrity of news media outlets that report on Zimbabwe’s political and administrative crises.
Recently, the International Women’s Media Foundation (IWMF) and the Organization for Security and Co-operation in Europe (OSCE)’s Office of the Representative on Freedom of the Media noted that female journalists and bloggers throughout the globe are being inundated with threats of murder, rape, physical violence and graphic imagery via email, comment sections and across social media platforms.
This affects all elements of democracy, which thrives when a plurality of voices are reflected online. Yet, one group of voices has come under attack in the most disturbing and dangerous of ways.
SANEF joins world organisations defending media freedom and freedom of expression in efforts to bring awareness of the issue to the African Union’s participating States, media companies and civil society about the growing threats to female journalists with widespread repercussions including them opting out of reporting on certain issues, leaving social media and retreating into silence.
Hopewell Chin’ono’s third arrest
SANEF also calls on Zimbabwe police to stop the relentless intimidation and harassment of journalist Hopewell Chin’ono, who was arrested for the third time on Friday 8th January 2021 for doing his job. We call for his unconditional and immediate release.
Chin’ono tweeted upon his arrest: “They say they are charging me with communicating falsehoods for tweeting that a child had been beaten up and died by a police officer! They are taking me to the Law-and-order section at Harare Central Police Station.”
Chin’ono was among many Zimbabweans who tweeted about the incident, demanding answers.
In response, the police offered a different version of events in a statement.
Chin’ono was first arrested in July on charges of inciting violent anti-government protests. He was arrested again in November on charges of obstructing justice.
The multiple award-winning freelance journalist and documentary filmmaker, who works mostly for British and SA broadcasters. was freed on bail awaiting trial for both cases. Chin’ono is a critic of President Emmerson Mnangagwa’s rule. He has a large social media following and has helped expose corruption involving Covid-19 funding.
SANEF believes that this hostile environment is a direct attack on freedom of expression.
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.
Former Ambassador, Journalist and Activist, Jon Qwelane
Former diplomat and veteran journalist Jon Qwelane died at the age of 68 on Christmas Eve on Thursday. He was appointed South Africa’s ambassador to Uganda in 2010.
Veteran journalist Dan Moyane said Qwelane should be remembered for his work. “He had very strong views about issues in the country way back in 1999, especially on issues about race and injustice. You have to remember JQ’s contribution is a legendary contribution to journalism in this country. His sharp pen earned him the status of a hero among many young journalists in this country.”
Qwelane worked for various media houses as a writer, broadcaster and an editor for many years. He was also known as a fearless and prolific journalist and talk show host who pushed the envelope and influenced public discourse.
He made his mark as a print journalist working for The Star and the Sunday Star, for which he also wrote columns. He produced op-ed pieces and had two regular columns in the 1990s: Jon’s Jive, which appeared on Saturdays, and Just Jon on Sundays.
Qwelane was a founder member of the Writers Association of SA and was the recipient of the SA National Editors’ Forum coveted Nat Nakasa Award in 1998.
In 2010, he was appointed by the Department of International Relations and Cooperation as South Africa’s High Commissioner to Uganda for a four-year term.
“He served his country with distinction and unwavering commitment,” said ANC spokesperson Pule Mabe.
“President [Cyril Ramaphosa] had instructed that the National Flag fly at half-mast in the North West province on the day of the funeral of Qwelane, this as a sign of respect to him,” a statement by the Office of the North West Premier Job Mokgoro said.
The veteran journalist has recently been in a legal battle for his controversial 2008 column titled: “Call me names but gay is not okay”. The hate speech matter is now before the Constitutional Court for declaration.
SANEF sent its heartfelt condolences to the Qwelane family, friends, the media fraternity and the diplomatic community.
The South African National Editors Forum (SANEF) has learnt with great sadness of the untimely death of journalist, writer, editor and founder of the online publication Indian Spice, Naufal Khan (39). He died on Monday after a long illness.
Khan plied his craft at the Sunday Times, Thomson’s Travel and Independent Newspapers, always nurturing the dream of a relevant publication that spoke to the Indian community in South Africa, in all its diversity.
He has been described as a person who served the truth with unflinching courage and called out injustice wheresoever he found it. He dedicated the last four years to Indian Spice, growing it into a large online platform that consistently broke big stories, which gave the Indian community the blend of news that they wanted, and was itself the topic of many mealtime conversations.
His long-time friend and Media Specialist in the public sector, Sureshinee Govender said: “His bravery and courage and the sense of deep humanity for all living creatures were rare. Naufal embraced all religions and was an example to all of us not to use religion to sow divisions but to unite in service to humanity.”
Khan fought to the bitter end but succumbed to his illness after an operation and more than a month stay in critical care in hospital, unrelated to the coronavirus pandemic.
Tributes have poured in from thousands of his friends, fellow journalists, followers of his Indian Spice and those individuals whose cause he took up.
“We will mourn him and celebrate what he has achieved as the chronicle of his community,” said Derek Abdinor, Khan’s partner in Adishakti Media.
“His standard as the modern digital storyteller and the impact that a truthful voice can have will inspire generations.”
He was a contributor and supporter of MambaOnline. “His death is a tragic loss to both the Indian and the LGBTQ communities in South Africa,” said MambaOnline’s editor Luiz De Barros.
Nivashni Nair, Sunday Times senior journalist who knew Khan for more than 15 years said: “It came as no surprise that, after many years of working at various media houses, Naufal would go on to be the editor, creative mastermind and soul of an award-winning website which found success on all social media networks.”
Khan thrived on breaking stories on His investigative stories often led to arrests and convictions.
SANEF extends its deepest condolences to his family, friends and colleagues.
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) has learned with profound sadness of the passing of Daily Sun photographer Lucky Nxumalo.
Nxumalo lost his battle to cancer on Sunday evening after a long battle against the disease at his Orlando East home in Soweto where he grew up, surrounded by his family. He had just turned 51 years old on December 2.
“We have known and loved Lucky for his incredibly positive and exuberant attitude and genuine and kind spirit that touched all of us. It shone ever so brightly in his work through his lens. The journalism industry is poorer without his contribution. He will be sorely missed by the Daily Sun family and our deepest condolences go out to his wife Tumi, his six children and his family. Funeral details will be shared in due course,” said Daily Sun’s editor-in-chief Mapula Nkosi.
Nxumalo first picked up a camera in his teens earning money as a street photographer. His journalism career as a photographer started in the mid-80s with several freelance gigs at local magazines and newspapers.
Having excelled in covering various beats including entertainment, hard news and sports, he was one of rare breed of journalists who had the talent to connect with people from kings to hawkers with admirable ease. Nxumalo nurtured all these relationships that turned his contact book and sources from all spheres of life into the envy of many journalists. Young journalists who worked with him over the years were as a result, mentored and eased into journalism using his impeccable sources.
Colleagues speak in awe of his unlimited kindness where he would always end up helping the subjects in the stories he had covered and would keep in touch with them for years to come. In his early years, he loved documenting Mzansi’s showbiz stars, particularly documenting the life and times of Brenda Fassie and other iconic showbiz trailblazers of the 90s.
“Lucky knew a lot of people and he had good contacts. I remember he was invited to Kenny Kunene’s 40th birthday party in Sandton and the “King of Sushi” ate sushi off a bikini-clad model. City Press was the only publication that had the picture on that Sunday and Lucky had taken it,” former Sowetan and City Press picture editor, Ruth Motau, recalled some of his exploits.
The sushi king and that iconic picture has since become part of the history of an intriguing moment in Mzansi’s popular culture.
Photographer Neo Ntsoma described Nxumalo as “an exceptional photographer, a true friend, and a gentleman who always made sure that female photographers felt safe around him even when out in the field covering assignments that were somehow compromising of our safety”.
“He would often shield us from possible danger or even offer to carry our camera gear just like a true big brother whose main concern was to protect the lives of those he cared for the most. The industry has lost a true lensman. Lucky Nxumalo was a legend in his own right. He was truly dedicated to his craft. What a loving soul we have lost. I feel blessed to have crossed paths with him in his lifetime,” said Ms Ntsoma.
Outside showbiz, Nxumalo kept pace with his many police contacts covering raids and arrests and he was equally at home on the political frontlines recording the turbulent 90s protests or at the Soweto Derby covering soccer. A former colleague, Antonio Muchave recalled how Lucky practised for weeks to master the art of taking sports pictures. This turned him into a regular feature at all the big soccer matches during the 90s and 2000s.
At the time of his passing Nxumalo had been Daily Sun’s photographer for the past 12 years since 2008. He also did most of the photographic work for Sunday Sun. Before working for Daily Sun, Nxumalo had worked for Sowetan Newspaper and City Press and was also a freelance photographer at Bona Magazine.
SANEF extends its deepest condolences to his family, friends and colleagues. Lala ngoxolo Zwide.
Tribute to a true lensman
By Neo Ntsoma
I have not only lost an industry colleague. Lucky was a true comrade and a brother whom I was introduced to by the legendary photographer Thomas “Bra Tom” Khoza around 1996 at his film processing Lab at corner Nugget and End street, Johannesburg.
Back in 1996, during the difficult times of my life as an unemployed aspiring photographer and young mother straight from photo school, I was fortunately introduced to a young man, a slightly seasoned photographer, Lucky Nxumalo, at Tom’s Lab in downtown Joburg.
The film processing and photo printing lab sat the corner of End and Nugget Streets, was home to many black freelance photographers and fans of Bra Tom, as he is affectionately known.
I had arrived from Mafikeng one morning to print photos for a kindergarten for their end of year calendar promo packages.
For some reason, Lucky was the one I connected with the most. He was the most charismatic of the lot. I did not have a place to spend the night. Lucky took a chance and offered me a place to sleep at his mother’s house at Orlando East.
At that time, no male person had ever shown me any kindness without expecting any compromising favours in return. The next morning we jumped into a taxi back to town where he showed me where I could have my photos printed on calendars and coffee mugs at a reduced price.
He was not just an exceptional photographer but a true friend, and a gentleman who always made sure that female photographers felt safe around him even when out in the field covering assignments that were somehow compromising of our safety. He would often shield us from possible danger or even offer to carry our camera gear just like a true big brother whose main concern was to protect the lives of those he cared for the most. Lucky Nxumalo was a legend in his own right and a dedicated craftsman. The industry has lost a true lensman. What a loving soul we have lost. I feel blessed to have crossed paths with him in his lifetime.
Nxumalo was a humanitarian
By Ruth Motau
Everyone who has crossed paths with Lucky Nxumalo has had a good share of his kindness. Lux was a humanitarian as I used to call him. He had a heart of gold. He was reliable and always willing to go an extra mile. Lucky was a lifesaver. There were moments where I did not have any photographer to go on a sudden assignment at night or out of town. He always came to my rescue. He will go without hesitation.
When I started working at the Sowetan in 2004, I found him there. We worked for a couple of years, and he left to join City Press.
I later joined him at City Press, and he had the same work ethic. Lucky knew a lot of people, and he had incredible contacts.
I remember he was invited to Kenny Kunene’s 40th birthday party in Sandton and the king of sushi ate off from bikini-clad model. As a result, the City Press was the only publication that had the picture on Sunday that Lucky had taken.
When I had to assign Lucky on a job, and he had to cross an unfortunate situation, sometimes he will forget and miss those decisive moments of good images because he will be busy helping instead of taking photographs. I had to always keep track of his activities, especially when he was out of town because he was a humanitarian.
One time as I was leaving my house going to the office and a suspicious guy outside my driveway and he had his wheel jerked up. I asked him why he parked right at my gate, and he said something about his car that I did not understand. When I got to the office, I told Lucky the incident. The following morning it happened again, and the same guy had parked next to my driveway. I immediately drove back to the house and called Lucky. He called a police superintendent in my area.
Within five minutes, I received a call from the superintendent. A police vehicle was dispatched to my house, and the guy removed from my driveway with a warning. I never saw that car again.
When I joined the Sowetan as a Picture Editor for months I did not understand him, he will be all over the place everywhere. People will also come to the office looking for him. If they did not find him then the receptionist will call me saying some people have been waiting for hours for Lucky. When I talk to them, they were there to thank him because for years they were trying to get ID documents and Lucky helped them.
Lucky was larger than life and an amazing human being. Sometimes we fought about unsatisfactory work with him, and he would not take it personally. Like any other human, he made mistakes but what a beautiful spirit he had.
Last week I received a frantic call from Lucky Morajane after he visited Nxumalo. He told me that Lucky was not well and asked if we could try and help him financially. The next morning, I was with him. He was in high spirit as always and telling me how he was fighting to stay alive. He spoke about some of his plans.
We then spoke briefly about getting some of his pictures sold to raise funds as he hinted that there was a shortfall from paying his medical bills, and it worried him. I was also talking to one of his close friends about fundraising for him because he needed funds every month to pay some bills. Our meeting was due on Wednesday because he promised me to be on his computer during the weekend and look for some images. At 00:12 on Monday morning 21 December 2020, I received a message from his friend and photographer Sphiwe Sibeko saying that Nxumalo was no more.
Considering his will and the determination I observed last week, I was convinced he will beat the disease.
I am now finding myself writing a tribute to him rather than a proposal that I have been preparing for days to raise funds for him. May his beautiful soul rest in eternal peace.
He will be dearly missed.
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) notes the ruling by Magistrate Dawn Soomaroo on our application for the broadcasting of the court case involving the matter of former eThekwini Mayor Zandile Gumede and 16 others.
We are disappointed that our application to have the proceedings of the case broadcast has been denied. Although not clearly stated, the application to record for purposes of radio also appears to have been denied. The Magistrate has not yet issued reasons for her ruling, but this will be requested by SANEF. SANEF believes that there is a clear basis for an appeal to the High Court based on this ruling.
To download Magistrate Dawn Soomaroo’s ruling click here
The media will only be permitted to do the following:
1. Six journalists can attend court, subject to SANEF providing a list of attendees to the court manager five days prior to each court date. This ruling was made because the court manager requested that all parties must let the court know beforehand who is going to be present to enable them to control access to the building and manage the situation for Covid-19 purposes;
2. Photos and video recordings can be taken inside the courtroom for 15 minutes before court, during any adjournment and at the end of proceedings each day.
No photographs or videos may be taken in the corridors outside the courtroom. In court, on Thursday 10 December 2020, the Magistrate expressed concern about the fact that there are sexual offences courts that take place on the same floor and she doesn’t want the media to inadvertently disclose the identities of the people involved in those proceedings.
The only other aspect of the request that has been granted is that an additional empty courtroom will be made available for members of the media to use when attending court. The application for an additional room was made in order to link a TV screen broadcasting the proceedings to help an extra number of journalists report from there since the seats inside the court are limited due to COVID-19 protocols. While this will now be of limited use without the TV screens, it will assist with the accommodation of journalists at court.
SANEF also notes that this ruling will only apply to the pre-trial proceedings that this magistrate will be presiding over and not to the trial itself. SANEF has been informed that once the trial begins, a new presiding officer will be appointed and that the case may even be moved to the High Court. This presents an opportunity for the media to once again apply for media access once the trial begins.
SANEF has received legal advice that this ruling, unfortunately, deviates from the principles set out in the leading Supreme Court of Appeal case on the matter which endorses the approach that broadcasting should generally be permitted subject to reasonable restrictions unless there is a real risk that substantial prejudice will occur.
We also believe that Magistrate Soomaroo’s ruling does not accord with the approach stated in the Guidelines on Media Access to Magistrate Court Proceedings issued by the Magistrates Commission earlier this year which state that courts should not restrict the nature and scope of broadcasting unless prejudice is demonstrable and there is a real risk that such prejudice will occur.
In essence, what the Magistrate has done is ban all video coverage while court is in session – even broadcasts of counsel making an argument and of her handing down rulings, which the Guideline states should be allowed unless the presiding officer rules otherwise.
Meanwhile, SANEF will endeavour to persuade the Magistrates Commission to implement training for all Magistrates around the Guidelines to ensure that the principle of open justice is upheld without the need to resort to lengthy and costly litigation.
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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The South African National Editors’ Forum (SANEF) is deeply concerned about the high level of misinformation, fake news and disinformation relating to Covid-19 and to vaccination. We wish to caution against the spread of news intentionally misleading the public which has become an increasing problem for the functioning of our democracies, affecting individuals’ understanding of reality.
