I n 2008, relations between government and the media and among media institutions calcified. Four issues stood out: • • • Firstly, the ruling African National Congress (ANC) set the tone for the year when at its national conference in Polokwane at the end of 2007, it passed a resolution declaring its intention to form a media appeals tribunal as a way of ensuring that better checks and balances were placed on the fourth estate. The second issue was that of cartoonists and politicians as the ANC sued cartoonist Jonathan Shapiro, who works under the name Zapiro, for a hard-hitting drawing of its president, Jacob Zuma, raping lady justice. Shapiro is facing several defamation suits by the ANC president. Thirdly, the SABC made more headlines than it broadcast, as a series of internecine battles saw its board pitted both against management and the ANC in parliament, which sought to pass a law in order to fire a set of board members it felt had been foisted on it by former president Thabo Mbeki. At the time of writing, the Communications Portfolio Committee was attempting to pass a Broadcasting Amendment bill that would allow it to alter the composition of the board. Media appeals tribunal By the end of 2008, the ANC faced so many challenges that it appeared to have taken the idea of a tribunal off its immediate agenda. But throughout the year, ANC spokesperson Jessie Duarte, as well as chairperson of the ANC’s sub-committee on communications Pallo Jordan and other members of the broad Tripartite Alliance, continued to advocate for the tribunal. Broadly, the ANC believes that the self-regulatory system of media regulation lacks teeth and does not hold the media sufficiently in check. Initial plans were for a statutory media tribunal but the ruling party is now contradictory on this, saying that no firm decision has been taken on whether the tribunal should be statutory or non-statutory. A self-regulatory system with an active and present press ombudsman and a press council is recognised globally as the gold standard of self-regulation. The South African newspaper industry has recently strengthened the office, appointing veteran journalist Joe Thloloe to the position of press ombudsman. In addition, he is ably assisted by a Press Council comprised of a diverse range of South Africans. At the time of writing, the print media industry had decided to further improve the press ombudsman’s office by appointing a deputy ombudsman and further assistance. The tribunal would have authority over both the print, broadcast and online sectors of the media, which also throws up complex questions about where this leaves the Broadcasting Complaints Commission and the complaints system available to the public through the regulator, the Independent Communications Authority of South Africa (ICASA). The tribunal should be the key topic on the watch-list of media watch-dogs across our region. The cartoonist and the president It was a stark image by anybody’s tally: Lady Justice lay in palpable pain, her hands pinned down by a gang which included Cosatu’s General Secretary Zwelinzima Vavi, SACP Secretary General Blade Nzimande, the ruling party’s Youth League leader Julius Malema and ANC secretary-general Gwede Mantashe. Zapiro had drawn them looking like a band of common thieves, all looking up at their master as he readied himself for rape. He had his hand at his belt buckle: it was open and ready for attack. The shower drawn, attached to the head of the image of Jacob Zuma, looked more phallic than it usually does. The implication was clear: justice So This Is Democracy? 2008 -80- Media Institute of Southern Africa