Raymond Louw: Malema Must be Censured for Gag on Press

11 Feb 2016

in Policy & Advocacy, SA News

By PEN SA Vice-President Raymond Louw

This piece was originally published by Business Day here

Leader of the Economic Freedom Fighters (EFF) Julius Malema’s tirade against The New Age newspaper and ANN7 television station, during which he said journalists from the two organisations were banned from covering EFF media conferences, was a direct attack on media freedom and must be taken seriously by the media and others.

Malema threatened ominously that the safety of the journalists could not be guaranteed if they did not heed his call, but later said they would not be harmed. Nevertheless, the High Court in Pretoria granted an urgent interdict on Tuesday, preventing the EFF from inciting violence against the companies’ shareholders, employees or property.

Malema made wild accusations, claiming the organisations were “propaganda machinery” and their owners, the Gupta family, were running corrupt businesses — serious allegations with no evidence provided to back them up.

Sure, there are suspicions that the Guptas have undue influence over President Jacob Zuma, and these should be explored diligently to establish their accuracy. But punishing journalists on the payroll of their companies, and going so far as to threaten their safety, is outrageous conduct by a political party.

The major issues at stake here are the constitutional rights of freedom of the media and the freedom to receive and impart information. These are core values in the Constitution and the basis of our democracy. Despite his claims that he is not tampering with media freedom, Malema is trifling with the Constitution and eroding its supremacy.

He claims the right to decide who is admitted to news conferences. If he headed a commercial enterprise or an institution, he could be selective, but as head of the third-largest political party represented in Parliament, he is bound by the Constitution, which forbids such conduct.

The Constitution’s clause 8 (1) puts it this way: “The Bill of Rights applies to all law and binds the legislature, the executive, the judiciary and all organs of state.” This imposes obligations to give practical expression to the rights and freedoms it protects. These are spelled out in clause 7 (2): “The state must respect, protect, promote and fulfil the rights in the Bill of Rights.” The relevant rights in clause 16 (1) (a) and (b) uphold media freedom and the right to receive or impart information.

Malema’s ban and refusal to guarantee safety of journalists are the opposite of the mandatory respect, protection and promotion of free media. As the Constitution declares conduct inconsistent with its provisions invalid, his threats are unconstitutional and probably illegal.

Against this background, Malema’s surprising statement that “we are not scared of Zuma or the executive; the only thing we are scared of is the Constitution” is inexplicable.

One must assume he has not read the Constitution’s full text or that he does not grasp its import.

Media freedom means just that: the freedom of all newspapers and other printed publications in all their diversity, warts and all, to gather and publish information, news and views on every conceivable subject. They can lean politically to one side or another and they can irritate and offend. They can have owners who raise suspicions, even those who actually influence presidents. Nowhere in the Constitution is there scope for him as a member of the legislature to be selective about the journalists who attend his briefings.

The New Age company has taken court action to counter the ban on its journalists and the EFF has to heed the High Court in Pretoria’s decision or face contempt of court charges.

But, there is also an overwhelming case for the media industry to act to ensure the ban is lifted. Maybe this could lead to the industry taking the drastic step of warning the EFF that if it does not lift the ban, journalists may be persuaded to boycott its news conferences. Loss of publicity would damage the EFF.