Durban – East Coast Radio is set to fork out R30 000 after a ruling by the Broadcasting Complaints Commission of South Africa (BCCSA) over comments made by show host Phat Joe last month.
The station had come under fire when Phat Joe, real name Majota Khambule, said he was “feeling Down Syndromish” when he forgot his words on air during his afternoon drive show.
Dr Linda Venter, BCCSA commissioner, said she had taken into consideration the steps the broadcaster took and its efforts to rectify the situation, but ultimately it remained responsible for what went on air.
“In my opinion, the only relevant mitigating aspect in such a matter might have been sincere remorse shown by the presenter. I am not convinced that this transpired from his apologies.
“The maximum prescribed fine is R80 000. In light of previous contraventions by the same presenter, I believe it would be fair to order that the radio station pays a fine of R30 000 to the BCCSA on or before April 15,” said Venter.
Parents of children born with Down Syndrome were angered by Khambule’s comments and took the radio station to task.
Janus Horn, a Glenwood father whose 2-year-old son was born with Down Syndrome, was one of the parents who demanded that action be taken against Khambule for the remarks, which he said were “insensitive and in poor taste”.
After complaints from irate parents and Down Syndrome Association KZN, ECR apologised and Khambule was pulled off the air for a week. His co-host, Zaba Simbine, and show producer Rory Petzer decided not to continue with the show and the station replaced them with Msizi James and Erin Dickson.
Twelve formal complaints were lodged with the BCCSA; however, the Registrar only entertained seven that contained specific information as required by the commission’s rules.
In responding to the complaints, ECR management said that while Khambule’s comments were insensitive and in poor taste, he had not intentionally tried to hurt or offend anyone.
ECR believed that no particular individual’s dignity, privacy or reputation was damaged.
The station also set up an interview between Khambule and the general manager of the Down Syndrome Association KZN. However, the interview drew more criticism, with the association’s legal representation saying they were not satisfied with the apology.
When Khambule returned after his four days off the air, he again apologised and the station believed “it was in a more appropriate format”.
Zane Derbyshire, ECR programming manager, said the station had noted the ruling.
“As a signatory of the BCCSA’s Code Of Conduct, we will respect the decision made and pay the fine as outlined. We have had several very positive conversations with both Joe and his team around conversation and content on the show, and we are working hard to ensure that all outputs are in line with the ECR brand values, which places a high regard on family, fun and a love for KZN,” he said.