Eight senior journalists suspended by the South African Broadcasting Corporation (SABC) on Friday approached the Constitutional Court request direct access so that their matter can be heard, their lawyers said..
The suspended journalists want the court to declare the public broadcaster’s decision to stop showing footage of violent protests in which state property is destroyed as invalid and unconstitutional.
“They contend that the policy places SABC journalists in an intolerable position because they are forced to choose between protecting their jobs and adhering to their ethical and constitutional duties to truthfully and fairly report the news,” the lawyers said in a statement.
“The application relies, amongst others, on Section 16 (1) of the Constitution, which guarantees the rights of journalists and the public to freedom of expression.”
Some journalists were charged after sending a letter to chief operations officer (COO) Hlaudi Motsoeneng objecting to the direction the SABC had taken. Others were suspended after they publicly spoke out against the “censorship” of news championed by Motsoeneng at the SABC.
Solidarity, which is acting on behalf of the suspended journalists, indicated that it would also approach the Labour Court to obtain an interdict against the SABC’s disciplinary process, pending the Constitutional Court case. This week the public broadcaster postponed the disciplinary hearing of the suspended staffers.
Motsoeneng and the SABC board have come under fire from journalists, unionists, rights bodies, opposition parties and the governing ANC party ANC over their stance which has been equated to censorship.
In the wake of the outcry, the SABC has insisted it will not reverse its ban on visuals of violent protests.
The public broadcaster has even rejected the Independent Communications Authority of SA (Icasa) recommendation to lift the ban.
The SABC has since indicated that it will challenge the ruling “even to the highest court”.
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