Nkandla reportage in hands of judge

President Jacob Zuma's residence at Nkandla. File photo: Independent Media

President Jacob Zuma's residence at Nkandla. File photo: Independent Media

Published May 30, 2016

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Durban - Whether the media will be allowed to report on disciplinary proceedings instituted by the Public Works Department against 11 of its employees on the lawfulness of their approval of the R246 million upgrades to President Jacob Zuma’s Nkandla residence, rests in the hands of a Pietermaritzburg High Court judge.

Judge Piet Koen’s decision is likely to have future implications for the media’s coverage of disciplinary matters where public money is involved.

On Friday, three media houses - Media 24, Times Media and M&G Media - brought an application to get access to and report on the disciplinary proceedings.

Advocate Andrea Gabriel SC, for the media, argued that the issue to be determined was whether the constitutionally entrenched right of freedom of the press encompassed the right of the media to access the hearings brought by the department against its employees in respect of the public allegations.

Some of the chairmen of the hearings had refused the media access. The application was opposed by the 11 employees being disciplined.

The department’s stance was that it would abide by any order.

Gabriel said the media sought access for a maximum of four journalists from their newspapers to attend and report on the proceedings against each employee.

She said the applicants had a constitutional mandate to disseminate the truth and provide citizens with information in the public interest.

“The applicants are not only entitled, but are duty bound, with vigour, courage, integrity and responsibility to report on the Nkandla scandal,” said Gabriel. Moreover, the allegations were already in the public sphere.

Judgment was reserved.

The Mercury

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