The complaint lodged by Mr. Jan Bosman, Chief Secretary (Die Afrikanerbond) on 29 June 2016, detailed allegations of an unfair editorial policy at the SABC, as well as political interference in the management of the SABC. (Letter to Afrikanerbond attached.)

The South African Human Rights Commission (the Commission) has been closely monitoring with concern developments around recent allegations relating to mismanagement, poor corporate governance, questionable editorial decisions, and unfair labour practices taking place at the public broadcaster, the SABC.  

In this regard, the Commission unequivocally confirms the need for commitment to freedom of expression and the right of access to information, both of which are human rights enshrined in our Constitution and which underpin our democracy.

Afrikanerbond’s complaints regarding censorship, dismissal of journalists and mismanagement are being dealt with through appropriate channels, namely the Public Protector South Africa (PPSA), the Independent Communications Authority of South Africa (ICASA), and the Labour Court (and the High Court).  The Commission is unable to investigate matters, which are before other tribunals and forums, including courts of law or statutory/Constitutional bodies.

The South African Human Rights Commission (the Commission) is a state institution established in terms of Chapter 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution) to support constitutional democracy. The Commission is mandated in terms of section 184 of the Constitution to promote the protection, development, and attainment of human rights, and to monitor and assess the observance of such rights within the Republic of South Africa.

Both ICASA and the PPSA are Chapter 9 institutions, like the Commission, and are responsible for, amongst others, regulating the telecommunications, broadcasting and postal industries in the public interest, and investigating corruption and maladministration respectively.  ICASA, the Labour Court, the High Court and the Public Protector best placed to hear such cases and provide appropriate relief in line with their particular mandates.

The Commission strongly urges the SABC Board and COO to closely consider its leadership role in advocating for and promotion of the rights of people in South Africa to receive information and the rights to expression. Our constitution recognises these fundamental rights as critical pillars upon which our democracy may progressively flourish.

The Commission strongly urges the SABC to explore its Code and directives, to ensure that the rights we have committed to as a society are not unduly being limited by its decision around the broadcast and reporting of information about protest related actions. Decisions which result in limitations to the accessibility of information and expression should be adopted only with extreme caution, should prevail only over limited periods, and should only be arrived at in consultation.
 
The Commission therefore encourages the SABC and its management to stay true to the principles of maximum disclosure, openness, transparency, and accountability, limiting rights only to the extent permissible in our Constitution.  

Letter is attached

Ends

Issued by the South African Human Rights Commission.

For queries contact SAHRC Spokesperson Gail Smith on email This email address is being protected from spambots. You need JavaScript enabled to view it. or contact 060 988 3792