I n South Africa the Government and the ruling party’s (African National Congress - ANC) intolerance for media freedom continues to intensify. Many instances of obstruction of journalists’ activities were noted during 2007. This intolerance has ratcheted up to an ominous level with the ruling party proposing to explore the possibilities of setting up of a statutory media tribunal to deal with public complaints. The proposed tribunal is specifically directed at ‘regulating’ the print media. The complaints process followed by the print media’s selfregulatory agencies – the Press Council and the Press Ombudsman - is dismissed by the ANC as inadequate with the claim that they fail to protect peoples’ dignity or human rights. The media, however, is of the opinion that such a tribunal would be packed with Government appointees seeking to restrict media functioning. The Government’s grievances against the Press amplified following the reporting about the Health Minister, Ms Manto Tshabalala-Msimang’s drunken behaviour in hospital and her conviction in Botswana for the theft of a hospital patient’s watch. The disclosures infuriated the ruling party and the Government. The Minister in the Presidency, Essop Pahad threatened to withdraw Government advertising from the Sunday Times. The police too, threatened to arrest the Editor Mondli Makhanya and the deputy Managing Editor Jocelyn Maker alleging that they had acquired the Minister’s medical records improperly and had impaired her dignity by publishing them. The good news however was that a Judge accepted a public interest defence in the case brought against the Sunday Times by the Health Minister. Mr Justice Mahomed Jajbhay dismissed the allegation that the paper had acted criminally in being in possession of her medical records. He ordered the records to be returned but ruled that publication had been legitimate and in the public interest as the Minister is a public figure. It is interesting to note that the state-owned broadcaster, the SABC, which has developed a protectionist role towards the Government, tried to sever relations with the South Africa National Editors Forum (SANEF) because of its support for the Sunday Times over this story. The SANEF, newspapers and opposition politicians protested against this bitter response. The group also condemned an announcement by two Government employees, part-owners of Koni Media Holdings, of their intention to buy the newspaper by raising a loan from the Public Investment Commission, which holds R290 billion of state pension funds. (The purchase would have given them a measure of control over the Sowetan and Business Day newspapers as well.) The Government soon retracted its threats saying it was not planning to make the arrests. When the Print Media SA requested a meeting with Pahad, he also dropped the advertising threat saying it was made in his personal capacity. The Government employees, who had made the newspaper purchase plan announcement, and President Thabo Mbeki denied that the proposal was a ploy for the Government to gain control of the newspaper and thus influence its policy. The industry, however, remains sceptical. Other similar threats to withdraw advertising from publications were made by a provincial premier, a city manager and a number of town councils. Most of the disputes have been settled and the threats withdrawn but newspaper managements and journalists remain anxious. Despite these events the Government maintains that it upholds Constitutional freedom of the media and will not interfere with the media’s procedures. The media rejects these assurances, pointing to the Government’s continuing attempts to introduce laws, which could result in censorship. The Films and Publications Amendment Bill is one such attempt. The Bill is ostensibly directed at curbing child pornography or the exposure of children to pornography, but it engulfs other issues as well - such as propaganda for war, hate speech, incitement to violence and sexual conSo This Is Democracy? 2007 -76- Media Institute of Southern Africa