Editors forum, NGO want access to SABC hearing

Campaign for Freedom of Expression (CFE) and the South African National Editors’ Forum (Sanef) want journalists given access to the “abuse of authority” hearing against SABC bosses for the sake of public interest.

CFE and Sanef have engaged leading Johannesburg-based law firm Webber Wentzel Attorneys to represent them in the matter. They requested access by journalists to the hearing of SABC group CEO Madoda Mxakwe and board chairperson Bongumusa Makhathini, who were charged with abuse of authority, administrative overreach and editorial interference by the SABC group executive of news, Phathiswa Magopeni.

Webber Wentzel’s Dario Milo said media access to Magopeni’s previous disciplinary hearing was granted and the SABC did not pose any further objections to that, including live reporting.

“To that end, media access and live reporting should not be an issue in Mr Mxakwe’s and Mr Makhathini’s hearing,” he said.

The hearing should not be held behind closed doors because it was of public interest as SABC was not only a public entity, but was also partially funded through the taxpayer’s money. If media access, including live reporting,
was granted, Sanef would make arrangements for a limited number of journalists to cover it.

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At Magopeni’s disciplinary hearing last year, SABC opposed media presence but its chair, advocate Nazeer Cassim, ruled in favour of Sanef’s request to open it to media coverage. In the latest matter, lawyers of the CFE and Sanef have written a letter to Prof Saths Cooper, chair of a three-member committee appointed to conduct the hearing.

The case was seen as important for SABC’s editorial independence and the day-to-day functioning of journalists. The SABC disciplinary code and procedure is silent on whether a hearing should or should not be open to the media.

In a grievance letter, Magopeni outlined how Mxakwe and Makhathini ordered that Ramaphosa be interviewed after the ANC complained about poor coverage and Magopeni objected. Cooper and the SABC spokesperson did not reply to The Citizen’s questions.