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Media Freedom

SANEF Condemns Threats To Journalist Working On A National Lotteries Commission Story

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The South African National Editors’ Forum (SANEF) condemns the threats made against a correspondent journalist working on a story for the Zoutpansberger and Limpopo Mirror.

The community newspapers in Limpopo have been investigating a story on the National Lotteries Commission’s funding of a non-profit organisation, Vyeboom Youth Development in the province.

According to Anton van Zyl, publisher of the Zoutpansberger and Limpopo Mirror, their correspondent received a threatening phone call on Thursday 23 July 2020 from a person telling him to stop enquiring about the activities at the project. He was told that if he did not stop, he would be followed and hurt.

Van Zyl said the correspondent had made enquiries requesting information about the non-profit which has received at least R15 million from the National Lotteries Commission (NLC) in the past few years. He said the matter was reported to the local police and a case of intimidation is being investigated.

“We don’t take kindly to such threats to our journalists, and we view it as a direct attack on media freedom and the constitutional values that we hold dear. The only way we can effectively respond to such threats is to shine a light on what is happening and try and establish why people would want to hide the truth,” Van Zyl said.

SANEF believes it is inexcusable for individuals to threaten the journalist. We trust that the police will give this matter the urgency it deserves and identify the culprits.

Further, SANEF is disturbed by the reluctance of the National Lotteries Commission to release information about NPOs that it is funding despite the Minister of Trade and Industry, Ebrahim Patel’s clear statement in reply to a Parliamentary question last month that the NLC must make the list of non-profit organisations that it funds available.

For 18 years, the NLC has published these and other details on projects it funds as part of its annual reports. But last year it did an about-turn and excluded this information from its 2018-19 report.

SANEF and Media Monitoring Africa (MMA) are proceeding with a court application which challenges the constitutionality of Regulation 8 of the Lotteries Act to ensure that it is either set aside in its entirety or amended to bring it in line with the Constitution. Regulation 8 limits the disclosure of information on grant applications and grants themselves. Regulation 8(3) renders any person who discloses and publishes such information guilty of a criminal offence. This prohibition extends even to situations in which the disclosure or publication of information would be in the public interest – for instance, in order to bring to light allegations of corruption or maladministration regarding the manner in which public funds are being spent.

Our legal counsel is of the view that the current wording of Regulation 8 is an unjustifiable limitation on the right to freedom of expression, and that journalists are at risk of facing future litigation or criminal complaints from the NLC. The broad aim of the legal challenge is to shield news publications and journalists, who may want to publish NLC grant information in future, from being subject to litigation or criminal complaints.

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 more information please contact:

  • Mahlatse Mahlase – SANEF Chairperson, (083) 399-2852
  • Katy Katopodis – SANEF Deputy Chairperson, (082) 805-7022
  • Moipone Malefane – SANEF Secretary-General (082) 772-5861
  • Mary Papayya – SANEF Media Freedom Chair (082) 379-4957
  • Sbu Ngalwa – SANEF Eastern Cape Convenor (073) 404-1415
  • Janet Heard – SANEF Western Cape Convenor (078) 041-9528
  • Hopewell Radebe – SANEF Gauteng Regional Convenor (083) 582-1734
  • Judy Sandison – SANEF KZN Convenor (082) 571-3334
  • Kate Skinner – SANEF Executive Director – (082) 926-6404

 

Media Freedom

SANEF Concerned By National Lotteries Commission’s Criminal Charges Against Journalists

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The South African National Editors’ Forum(SANEF) is deeply concerned by the fact that lawyers for the National Lotteries Commission (NLC) have sent two letters of demand to GroundUp threatening to lay criminal charges against the publication and freelance journalist, Raymond Joseph.  Further, the NLC has demanded that GroundUp remove 16 stories from its website, many of which expose incompetence allegations of corruption, involving multi-million-rand projects funded by the NLC.

SANEF understands that the NLC lawyers are claiming that Joseph and GroundUp have contravened regulation 8 of the Lotteries Act by revealing details of both grant applications and awarded grants. SANEF’s understanding, however, is that this regulation pertains to so-called “distributing agencies” (a mechanism through which the National Lottery Distribution Trust Fund adjudicates grant applications) – GroundUp and Joseph are not distributing agencies. This same regulation has also been used by the NLC to deny several requests filed under the Promotion of Access to Information Act (PAIA).

SANEF believes that the threat to file criminal charges against a journalist and GroundUp is deeply problematic. Firstly, it appears that these threats are being used to harass and intimidate GroundUp and Mr Joseph to stop their reporting on malfeasance and corruption at the NLC.  Secondly, we believe that the specific regulation quoted by the lawyers doesn’t pertain to either GroundUP or Mr Joseph as they are not “distributing agents”. Thirdly, we believe that if this regulation is, in fact, applicable to the media, it is unconstitutional. Regulation 8 stands in direct contradiction of our constitutional principles of freedom of expression and access to information.

SANEF believes that lottery funds are public funds. There must be transparency around their distribution. Further, the NLC is a public institution that is an agency of the Ministry of Trade and Industry. We thus call on Trade and Industry Minister, Ebrahim Patel to urgently investigate this matter. SANEF will be seeking a meeting with him to discuss this matter further.

Note for Editors: 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, education and training programmes.

For more information, contact:

  • Katy Katopodis – Acting SANEF Chairperson, (082) 805-7022
  • Mary Papayya – Acting SANEF Media Freedom Chair (082) 379-4957
  • Judy Sandison – SANEF KZN Convenor 0825713334
  • Sbu Ngalwa – SANEF Eastern Cape Convenor (073) 404-1415
  • Janet Heard – SANEF Western Cape SANEF Convenor, 0780419528
  • Hopewell Radebe – SANEF Acting Gauteng Regional Convenor 083 582 1734
  • Kate Skinner – SANEF Executive Director – 082 926 6404