By: Eric C. Sigmund
Impunity Watch Reporter, Africa

JOHANNESBURG, South Africa – South Africa has again drawn the attention of the international community as the African National Congress (ANC), South Africa’s ruling party, seeks to create a media tribunal to crack down on violations of laws governing the press. 

The tribunal will adjudicate claims against media organizations alleged to have misreported news and information.  The government contends that the tribunal will be established to “provide tough action in cases of malicious, damaging, defamatory and misleading irresponsible reporting.”  The tribunal will be run by a press watchdog which would answer directly to the ANC-controlled parliament. This could allow the ANC to initiate proceedings against any media reporter or source critical of the government or its officers.  The ANC is currently running its own media campaign to persuade critics of the necessity of such a tribunal by claiming that a majority of the general public supports the plan. 

The South African media and many outside observers claim that this plan is an attempt by the government to limit freedom of speech in order to isolate the government from criticism.  In addition to others, the Press Council of South Africa has come out in opposition to the tribunal, claiming that it is unconstitutional.  In response to these claims, the government contends that the tribunal does not seek to extinguish media freedom but merely to enforce the existing press code. 

 At the same time the ruling party is attempting to pass the tribunal legislation, it is also pushing through a bill that would allow the government to prohibit the distribution of information which it defines as related to the “national interest.”  This legislation, called the Protection of Information Bill, would give the government more room to classify information as being important to national interests.  Those who disclose classified information would face up to five years in prison.  Although a general consensus has emerged that this bill will be passed, opponents hope that it will not be able to withstand judicial scrutiny. 

Although a formal vote on these two bills is pending, the government has already started arresting journalists for violating press control laws.  Last week a journalist was arrested and charged with “fraud and forgery” for possessing documents discussing the possible resignation of a top ANC politician.  The reporter was said to have been tied up in a car while his house was raided and numerous possessions seized by police.  The government contends that the arrest was not related to the new media controls and noted that all police forces are be held accountable for breaking the law. 

For more information, please see;

All Africa – ‘Most Citizens Agree on Need’ for Media Tribunal – 11 Aug. 2010

Eye Witness News – Media Appeals Tribunal to “Protect Public” – ANC – 11 Aug. 2010

iAfrica.com – ANC Gloats Over “Freedom” – 11 Aug. 2010

Wall Street Journal – South Africa Weighs Media Controls – 11 Aug. 2010

Associated Press – South Africa Ruling Party Proposes Media Tribunal – 10 Aug. 2010