The ‘public broadcaster’ (we use these words while giggling loudly – Ed.) reached a settlement earlier today with the Helen Suzman Foundation, which brought an application to the High Court in Pretoria while – in the wake of the ban – seven journalists were fired for speaking out against the policy.
The court order, which is in place immediately, states that SABC management is prohibited from implementing what is described in court papers as “the censorship decision”. The urgent interdict brought by the Helen Suzman Foundation stands until the court can deal fully with the lawfulness (or rather lawlessness) of the policy.
The SABC is now prevented from implementing any decision which could result in not covering, as news, any violent protests, even where state property is destroyed. The order does allow for the SABC to exercise editorial discretion in line with the Constitution, the Broadcasting Act and the Broadcasting Complaints Commission of South Africa’s Code of Conduct.
Meanwhile trade union Solidarity welcomed the court’s ruling. “The fact that the SABC is prevented from applying further censorship by an order of the High Court until the legality of the controversial instruction is adjudicated in court at a later stage is clear proof that the SABC’s censorship is wrong,” said Solidarity Deputy Chief Executive Johan Kruger.
According to Kruger, the ruling strengthens Solidarity’s case to be heard by the Labour Court tomorrow (with regards to the journalists fired by the SABC). “The interdict means the court has already found that the instruction to exercise censorship is prima facie unlawful and should be stopped by means of a court order. This paves the way for the Labour Court to rule that the suspensions, disciplinary action and dismissal of the journalists arising from the unlawful instruction are also unfair and should be reversed,” Kruger said.
According to Kruger, it is important that another court would still have to adjudicate on the lawfulness of the instruction to exercise censorship, and that the issue is far from over.
Tomorrow Solidarity will apply for an interdict on behalf of four of the SABC employees: Foeta Krige, Suna Venter, Krivani Pillay and Jacques Steenkamp. Solidarity will request that the decision to dismiss the journalists should be set aside and that the disciplinary process should be halted in its entirety.
