South Africa 2016 violations & victories
September 29

Violation of Public Freedom of
Expression/Access to Information
The Supreme Court of Appeal
ruled that the censoring in February 2015, of videos of disorder and
commotion in Parliament in the
parliamentary broadcast service,
which feeds national broadcasters, was unconstitutional. SANEF,
Prime Media Broadcasting, and
civil society organisations upholding freedom of the press had raised
the issue in an urgent application
in the Western Cape High Court,
which ruled that the censorship
was constitutional. The organisations appealed in the Supreme
Court of Appeal, which made the
unconstitutional ruling on September 29. The appellants hailed
the court judgment “a victory for
openness and transparency”.
The censorship – which resulted
in the video service showing only
the face of the Speaker while disorder raged – followed the jamming of mobile phone signals at
the opening of Parliament earlier
that month. Parliamentary officials
said the censorship was in line
with its rules, which stated that
unruly behaviour should not be
shown. The appellants had also
called on the Supreme Court of
Appeal to declare the jamming of
mobile phones unlawful and unconstitutional. Appeal Court Judge
C H Lewis declared that “the rules
and policy adopted by Parliament
governing the broadcast of disorder in the Parliamentary Chamber
violates the public’s right to open
Parliament and are unconstitutional and unlawful. The disruption of
the cellphone signal….was unlawful”.

September 29

Assaulted
Journalists covering the #feesmustfall campaign at the Doornkloof
and Kingsway campuses at the
University of Johannesburg on September 28 were attacked by private
security officials hired by the university. In one chilling incident, a
photographer was punched repeatedly on the head, hit with a stick
in the stomach, and then peppersprayed at close range. A group of
reporters were circled on Joe Slovo
Drive, ordered to sit on the road
and then pepper-sprayed. A photographer was also hit in the face
with a plank-like object. SANEF
expressed outrage at the attacks
and complained to university ViceChancellor Dr Ihron Rensburg, who
condemned the officials’ conduct
and promised to ensure that they
would respect the right of journalists to do their work. SANEF also
condemned the hostility of student
leaders towards journalists. He also
urged journalists to lay charges
against the security officials.

November 10

Threatened
Two police officers called on
20-year-old second year student
journalist Magnificent Ndebele
between 1 and 2am at his university residence and without any
warrant confiscated his equipment, including his mobile phone
and laptop. They accused him of
inciting violence and interfering
with their investigation. They also
warned him that his movements
were being watched. A few days
earlier Ndebele had witnessed
and taken pictures of a confrontation between students and private
security officials at one of the student residences, where one of the

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