provision of a judge and the also the Inspector
General on Intelligence, would infringe on
privacy rights and that the Bill did not provide
clear explanations on the nature, approach,
duration and circumstances of the intelligence
gathering, raising fears that this could be
abused for political ends and for suppressing
media freedom.

Nkgadima appeared at the Praktiseer
Magistrate Court on 27 December 2023, without
legal representation and was denied bail. He
was released on R1000 bail on 29 December
2023.
Such cases highlight the increasing personal
harm journalists face in the line of duty and
the disregard for the media’s role in community
affairs and development issues.

Risk and challenges for
community-based media

These cases also highlight the limited resources
and support mechanisms for community-based
media and journalists, often reporting from the
margins.

While there is significant coverage of issues
faced by journalists of mainstream and national
media organisations, the plight of communitybased journalists, especially in small towns, periurban and rural areas, hardly makes headlines,
and this can further entrench marginalisation.

In the broader context of dwindling revenue
streams for the media, community-based media
are usually at the frontlines of this existential
threat, and such challenges, as highlighted
above, create a case of double marginalisation
and anxieties.

In March 2023, an Eastern Cape-based reporter
for the Daily Dispatch received death threats
via an anonymous phone call warning him to be
careful with his investigative reporting or risk
being shot.

In some instances, given the geographical
sizes of small towns and rural areas, journalists’
personal lives are often exposed, making it very
easy to monitor their activities and movements,
including where they live, who their families
are and who they are even if stories are
pseudonymised for safety reasons.

SANEF stated that they believed the threats
to be related to the assassination of Mboneni
Vesele, who was a protector to the University
of Fort Hare vice-chancellor Sakhela Buhlungu.

Access to information

Daily Dispatch took immediate action to
ensure the safety of the journalists and brought
the matter before law-enforcement authorities.

The South African Revenue Service (SARS)
denied amaBhungane and the Financial
Mail access to former President Zuma after
they requested the Promotion of Access to
Information Act (PAIA) on the basis that there
was evidence of non-compliance and there was
sufficient public interest to make the returns
public.

In November 2023, Mpuma Kapa TV reporter
Jessica Bobo and camera operator Sbu Maingo
were physically assaulted while covering a story
about the alleged hijacking of RDP houses for a
news bulletin in Walmer, Eastern Cape. Maingo
sustained injuries to his face, ribs, and neck.
Newcastle Advertiser journalist Estella
Naicker was harassed by the mayor, deputy
mayor and their bodyguards, who accused her
of being paid by the ANC to write negatively
about them.

The media houses first submitted the request
to SARS in 2019. After protracted litigation, the
Constitutional Court ruled that excluding tax
records from the PAIA was unconstitutional and
that Parliament should rectify sections of the
Tax Administration Act and PAIA to include a
“public interest override”.

They forced her to delete any images of the
scene on her phone, and when her colleagues
came to assist her, they were blocked by the
councillors’ bodyguards.

In an updated request for information,
amaBhungane and the Financial Mail also
asked for documentation that shows how SARS
engaged with the ex-president’s tax affairs
and other entities, such as law enforcement,
regarding any matters arising.

Freelance journalist Thomo Nkgadima was
arrested on 24 December 2023 and charged
with intimidation and trespassing after taking
pictures of the mayor’s house in Praktiseer,
Limpopo, in connection with a story he was
reporting on concerning illegal electricity
connections in the area.
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

SARS stated that some of the requested
documents did not exist, could not be found or
could not be released as they were subject to
ongoing court cases.

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