Cape Town Metro Police officer barring a journalist from covering the eviction of refugees the Central Methodist Mission on Greenmarket Square. Pic: Unknown
The safety of journalists is one of SANEF’s top priorities and is a key component of our Covid-19 programme.
We have gathered a number of important resources that we hope will be of assistance to journalists during this stressful period. Please see below:
As an organisation, we have taken up safety issues through various channels. We have fought the matter through the courts and we have also sought other ways to protect journalists.
Safety and elections
An important component of our elections training in 2019 was dedicated to the safety of journalists.
SANEF held an important workshop on the matter of safety online in September 2019 with political parties. We invited world-renowned, Indian journalist and Washington Post columnist, Rana Ayyub to be the guest speaker. Also, in attendance was Lawrence Mute, Special Rapporteur for Freedom of Expression and Access to Information in Africa. Independent media law expert, Okyerebea Ampofo-Anti, delivered an input on a possible way forward including crafting a draft MOU to ensure improved terms of engagement.
Further, in 2019 we took South Africa’s third-biggest political party the Economic Freedom Fighters (EFF) to court to stop online harassment of journalists.
Judge Raymond Zondo head of the Commission of Inquiry into State Capture.
The South African National Editors’ Forum (SANEF) has noted on 1st October 2019 the testimony of Colonel Kobus Roelofse at the Commission of Inquiry into State Capture and the further allegations from whistleblower Colonel Naidoo. Naidoo told the Inquiry yesterday that several journalists including senior journalist at Tiso Blackstar, Ranjeni Munusamy received financial benefits from Crime Intelligence.
SANEF notes the problems that have been created by Col Naidoo’s mention of the fact that “journalists have been paid” without mentioning names. We believe that it is essential that the names are revealed and that the journalists implicated are given the space to respond.
We note that the Press Council Code is clear that “paid for” also called “brown envelope journalism” is completely unacceptable.
Section 2 of the Code deals with “Independence and Conflicts of Interest”. The Code states that:
The media shall:
2.1 not allow commercial, political, personal or other non-professional considerations to influence reporting, and avoid conflicts of interest as well as practices that could lead readers to doubt the media’s independence and professionalism;
2.2 not accept any benefit which may influence coverage;
2.3 indicate clearly when an outside organization has contributed to the cost of newsgathering; and
2.4 keep editorial material clearly distinct from advertising and sponsored events.
SANEF champions ethical journalism. If anyone has any evidence of unethical journalism – including the very serious breach of accepting funds for journalism – we encourage them to go to the Press Council.
Further, we have launched our own independent Inquiry into Media Credibility and Ethics, chaired by retired Judge Kathleen Satchwell. We encourage any South African with evidence of journalists acting unethically or illegally to approach Judge Satchwell and the authorities, including the Zondo Commission. Please send submissions to – [email protected].
In terms of Munusamy, we again welcome the decision by Tiso Blackstar to grant her special leave. We note Munusamy’s strong denial of any wrongdoing, her detailed affidavit explaining the circumstances of her car repayments and related issues and her promise to cooperate fully with the Zondo Commission. We await the outcome of the Commission’s hearings and Tiso Blackstar’s internal investigation.
For more information please contact:
Mahlatse Mahlase – SANEF Chairperson 083 399-2852
Judy Sandison – SANEF Media Freedom Committee 082 571-3334
Kate Skinner – SANEF Executive Director 082 926 6404
Full View Anchor Tsepiso Makwetla dealt with some of the issues discussed at the “credibility of Journalism” panel discussion at the Goethe Institute.
Over the last decade, the face of journalism has changed in significant and dramatic ways. Newsrooms have become smaller, digital media has become the first port of call for keeping up with the latest stories and the rise of dis and misinformation poses potentially the greatest threat to media credibility and our democracy.
In the panel, the Independent Inquiry into Media Credibility and Ethics led by retired judge Kathleen Satchwell, was represented by commissioner Nikiwe Bikitsha. Ms Bikitsha is a panellist in the Inquiry together with Rich Mkhondo. Listen to her views about the purpose of the inquiry and why it is essential to the country’s state of the credibility of journalism could be taken forward.
Please find the terms of reference of the Inquiry here.
The South African National Editors’ Forum (SANEF) notes and welcomes the public debate in the wake of our Equality Court application against the Economic Freedom Fighters (EFF) and its leader, Julius Malema. We believe that this discussion will strengthen and improve our national discourse on the importance of media freedom and freedom of expression, which we fundamentally stand for and promote.
Some of the commentary expressed has misinterpreted our case, which was brought under Section 10 of the Equality Act, and falsely accuses SANEF of undermining freedom of expression. This could not be further from the truth (our full set of court papers is available at https://sanef.org.za/sanef-vs-eff-court-papers-2/).
SANEF and five journalists are seeking relief against the EFF and Malema following a spate of abuse and harassment by people purporting to be EFF supporters against journalists who had been specifically named by Malema. At the heart of our case is the singling out of targeted individual journalists by Malema and the EFF leadership and the creation of an enabling environment for abuse and harassment to be levelled against them.
SANEF and the journalists approached the Equality Court on legal advice as we believe that the conduct of the EFF and their supporters constitute hate speech and harassment against the named journalists.
SANEF’s choice of lodging the complaint in the Equality Court and using the Equality Act
SANEF approached the Equality Court as we believed this court was both appropriate and relatively expeditious. For reasons beyond the control of SANEF, this case is being heard almost eight months after it was lodged. This is unfortunate but regardless of that delay, SANEF remains of the view that the Equality Court is an appropriate court.
In addition to infringing the constitutionally protected freedom of the media, we believe that the statements by the EFF and Malema as well as the resulting conduct of the EFF and their supporters constitute hate speech and harassment in terms of the Equality Act.
Section 10 of the Equality Act states: “[N]o person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to –
(a) Be hurtful;
(b) Be harmful or to incite harm;
(c) Promote or propagate hatred.
This section does not require hate speech to involve incitement to imminent violence, as wrongly quoted by some commentators.
Sections 10 and 11 of the Act prohibit hate speech and harassment respectively based on expressly prohibited or similar grounds that negatively affect human dignity and enjoyment of rights, such as, in this case, the complainants’ occupation as journalists.
According to the EFF’s papers in the Equality Court, the basis of this abuse has been the complainants’ occupation as journalists and the perceived bias in their reportage on the EFF. While SANEF welcomes fair criticism of journalists, we cannot condone individuals being subjected to harassment or hate speech based on their occupation, in contravention of the Equality Act.
The trigger for the case
On 20 November 2018, Malema made a statement outside the Zondo Commission during which he named several journalists whom he perceived to have been biased in their reportage against the EFF and in favour of the EFF’s political rivals. He identified these journalists as “the enemy” who need to be dealt with decisively. These statements were also shared on Twitter by the EFF in addition to other tweets by the leadership of the EFF singling out and targeting specific journalists.
The journalists named by Malema have been subjected to a barrage of abuse and harassment by purported supporters of the EFF, ranging from name-calling and insults to threats of violence and calls for the addresses of journalists to be made public. This abuse appears to be a direct result, and in support, of the statements made by the EFF. SANEF has made Malema and the EFF aware of the results of their utterances and has requested that they condemn the abuse on the part of their purported supporters. They have however refused to do so. This has created an environment which enables the abuse and harassment of journalists whose reportage the EFF and its supporters do not agree with.
Max du Preez, one of the applicants in the matter, was one of the journalists named by Malema outside the Zondo Commission. In his affidavit before the court, he details what he believes to have been the impact of Malema’s words.
“I attended the Zondo Commission hearings on Wednesday 21 November 2018. I left after lunch. While I was waiting for my Uber driver to collect me (right next to the BP garage), some of the EFF protestors walked by. One of them recognised me and shouted my name. About a dozen of the protestors then mobbed me, shouting threats and abuse at me. One threat I remember was ‘You’re not safe on these streets, you white bastard’. I was distressed by this incident and feared for my safety. Fortunately, two policemen were very close by and intervened. The protestors then moved away and I was not harmed. It did make me wonder, though, what could have happened if there were no policemen around.’
Three days after Malema’s speech, Ranjeni Munusamy, one of the applicants, was intimidated at a shopping mall. She states in her affidavit:
“At approximately 18:00 on that day, I visited a shopping centre near my house. I go there often on my way home from work. I do not wish to disclose the precise location because I do not want a repetition of what happened on the day. While shopping, I noticed three men looking at me. As I walked past them, they repeatedly called my surname in a mocking tone. I tried to ignore them, walking past them quickly. The men were waiting for me at the entrance of the shop when I left. As I passed them they hissed at me and shouted my name. I was so distressed by the incident that I tweeted what had happened. As a consequence, I am wary of going out to public places.”
SANEF believes and has argued in court that these and other online forms of abuse, harassment and hatred levelled at the applicants were ‘directly’ as a result of Malema’s speech outside the Zondo Commission.
Sanef Chair Mahlatse Mahlase greets EFF leaders Julius Malema and Mbuyiseni Ndlozi at the Equality Court
The purpose of the case
The purpose of our complaint is not to stifle criticism of the media and journalists – the issue is that we believe that the comments by the EFF, Malema and Malema’s purported supporters go beyond fair criticism of the media and constitute hate speech under the Equality Act.
SANEF had initially attempted to resolve its concerns with the EFF through direct engagement and twice requested a meeting. However, the EFF refused to meet with SANEF. In the end, we had no option but to seek legal recourse.
The crux of SANEF’s and the journalists’ complaint is the nature and effect of Malema’s and the EFF’s statements. SANEF believes that Malema has been shown to make inflammatory statements which he is aware will incite a violent and abusive response from his purported supporters and that he has refused to condemn the abuse when it is brought to his attention. As the leader of the third biggest party in South Africa, Malema should be aware that his and the EFF’s words and actions, or lack thereof, have consequences. They should also be held responsible for those consequences. Furthermore, they have to protect the rights enshrined in the Constitution and a duty therefore to condemn the violation of media freedom which has resulted from their statements.
Ultimately, after our failed attempts to meet with the EFF leadership and try to resolve the matter amicably, we had no option but to approach the Equality Court for the relief we are seeking. The alternative was not an option: to do nothing and wait for a journalist to be assaulted, injured or killed before we approach the courts to determine if the EFF’s utterings meet the test for hate speech.
Download the SANEF Submission to the Inquiry into Media Ethics and Credibility here
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