SABC and journalists in court
JOBURG – The journalist's were told by the SABC that they had two choices, the door or the window – Budlender.
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The eight SABC journalists who were fired on Monday and Tuesday this week reappeared at the South African Labour Court after the case of unfair dismissal was postponed due the SABC lawyers not being prepared.
On 22 July, the journalists were back with their defence ready to fight for their rights.
The problems started with the SABC’s decision on 26 May to not broadcast any visuals of protests in their news bulletins. The journalists in question opposed this decision and were suspended from the SABC, before receiving letters of dismissal this week.
The journalist’s defence team, lead by Advocate Steven Budlender, stated that the points that will be focused on are the facts, dismissals, suspensions and whether the costs of the journalists will be paid by the SABC. Budlender also stated that the SABC should disclose exactly who the employees are.
Budlender stated more than once that the Constitution states that we have the freedom to expression and that the journalists are being punished, against their constitutional rights. “The journalist’s were told by the SABC that they had two choices, the door or the window,” he added.
Budlender described the journalists as having integrity and being courageous.
The SABC’s defence Themba Skosana repeated what was said by the SABC spokesperson Kaizer Kganyago; that this is a matter between an employer and an employee and not journalists.
Judge Robert Le Grange brought up the fact that would it be different if it was a private broadcaster who had made the decision. Budlender replied and said that the SABC is a public broadcaster and has the responsibility to give accurate news.
SABC’s defence said that it is a simple dismissal like any other. He added that the journalists didn’t deal with their employer but went straight to the court. “Instead they choose to deal with that in a replying affidavit,” he said.
Skosana said that the Court shouldn’t reinstate the journalists. He said that management will be seen as not being able to manage their rights against their employees. “The disciplinary proceeding will continue if they are reinstated,” he said. He said that the journalists have committed acts of misconduct.
They judge concluded that he will continue on Monday for the ruling.