10 July 2016

SABC postpones hearings of suspended employees indefinitely;

Solidarity goes to court to revoke suspensions and test the constitutionality of the censorship
instruction
The SABC postponed the disciplinary hearing of the three suspended employees, Thandeka Gqubule, Foeta
Krige and Suna Venter indefinitely. The hearing was due to start on Monday, 11 July. However, the three
employees remain suspended. Trade union Solidarity, which represents the three journalists, said the mere
postponement of the hearings is not acceptable. According to Solidarity, the disciplinary process must be
abolished in its entirety.
Solidarity also announced that it would approach the Constitutional Court in the coming week for direct access
to test the constitutionality of the censorship instruction. Also during this week Solidarity would approach the
Labour Court to obtain an interdict against the SABCs disciplinary process, pending the Constitutional Court
case.
The SABC laid disciplinary charges against the three employees because they had allegedly distanced
themselves from a censorship instruction. Under the instruction no coverage may be given to the Right2Know
campaigns protests against the SABC ban to broadcast violent protest action.
The hearings of the other three employees, Busisiwe Ntuli, Jacques Steenkamp and Krivani Pillay, who were
charged after having sent a letter to SABC Chief Operating Officer Hlaudi Motsoeneng, objecting to the
direction the SABC has taken, was due to take place on Friday, but this hearing, too, was postponed. Those
three have also been charged because the contents of the letter was leaked to the media.
The censorship instruction is clearly unlawful. It is in direct violation of the principles of freedom of speech and
the publics right to know. The unlawfulness of the instruction makes the entire suspension unlawful. We cannot
allow it that journalists who merely want to do their job remain suspended for having embraced South Africas
constitutional principles. What adds to the urgency and significance of this case is the fact that South Africans
are going to the polls on 3 August, and they have the right to know what is happening in the country. It is not
up to the public broadcaster to decide what the public may or may not know, Solidarity Chief Executive Dirk
Hermann said.
Meanwhile, Solidarity expects the Icasa ruling on the SABCs censorship decision this week as well, probably
as soon as Monday 11 July. If the ruling goes against the SABCs censorship decree, then the charges against
and suspension of the employees must be revoked immediately. Hlaudi Motsoeneng must then be charged
and suspended immediately, Hermann said.
Dirk Hermann
Chief Executive: Solidarity
082 461 8485
Johan Kruger
Deputy Chief Executive: Solidarity
082 305 5381