Cape Town - Keep Parliament’s media feeds open and accurate, and allow the media to run their own feeds.
Those are the demands in Tuesday morning’s urgent application for an interdict by the South African National Editors’ Forum (Sanef), Right2Know, Open Democracy Centre and two media groups against Speaker of the National Assembly Baleka Mbete, National Council of Provinces (NOCP) chairwoman Thandi Modise, secretary to Parliament Gengezi Mgidlana and State Security Minister David Mahlobo.
The Star is part of Sanef.
The urgent application was due to be heard in the Western Cape High Court on Tuesday morning, aimed at safeguarding the flow of information during the debates on the State of the Nation Address on Tuesday and Wednesday afternoon, and President Jacob Zuma’s response on Thursday.
It’s understood that at least some of the respondents are opposing the application.
The most urgent and immediate part of the application calls for Mbete, Modise and Mgidlana to “ensure that there is no interference with free and open telecommunication” in the open sittings or meetings of Parliament, the NCOP and their committees, and to ensure that those audio and visual feeds are not interrupted, and “that the feeds fairly, accurately and comprehensively capture all the proceedings, events and incidents”.
The second part calls for the court to rule that the jamming device used during Thursday night’s address was unconstitutional and unlawful, and that the way in which Parliament produced and broadcast that night’s media feeds was unconstitutional and unlawful. It challenges Parliament’s filming and broadcasting policy, because it did not show the “grave disturbances” or “unparliamentary behaviour” that disrupted the address.
The media routinely uses parliamentary feeds, but the application now demands the right for media to use their own feeds instead.
The applicants want the court to order Mbete, Modise and Mgidlana to investigate the jamming and report on this within two weeks, including establishing who was involved and how, and detailing disciplinary steps.
Mahlobo is cited because he is responsible for civilian intelligence services and, although the jammers have not yet been identified, there is speculation that those services were involved.
The papers include a Sanef memo noting it previously complained to Parliament about disruption to media feeds during disruptions in the National Assembly chamber in August and November.
Parliament’s policy on filming and broadcasting, written in 2009, says that “during incidents of disorder or unparliamentary behaviour, instead of showing the activity in the House… demonstrations and interruptions from the galleries should not be televised” and “video broadcast should cease immediately when the House is adjourned, irrespective of prevalent circumstances”.
Sanef had tried to get this policy overturned in time for last week’s State of the Nation Address, saying it was against transparency and the constitution.
Mgidlana had declined, denying the feed had previously been cut. “The institution cannot operate outside of its own policy,” he told Sanef, and promised media access during the address “in keeping with the provision of our policy”.
The debates on the State of the Nation Address are due to start on Tuesday afternoon, amid ongoing tension.
The parties’ responses to the debate and Zuma’s scheduled response on Thursday are expected to result in fireworks, and some committee meetings are also expected to touch on the address debacle.
Zuma will also have to deal with Mbete’s suitability as Speaker, a concern heightened by her public rants about EFF leader Julius Malema at the weekend, as well as the persistent concerns around the Nkandla scandal.
The SAPS was tight-lipped on security plans.
On Tuesday morning, another minister was due to give a briefing on policy matters arising from the address, following similar briefings at the weekend as ministers tried to deflect attention from the chaos.
The Star