Thursday, December 08, 2005

Storm over Zuma case secrecy

Bate Felix

First published on the www.journalism.co.za website

The South African Editors Forum (Sanef) and the Freedom of Expression Institute have condemned the secrecy and exclusion of the media from the court appearance of former deputy president Jacob Zuma on rape charges.

Zuma appeared in the Johannesburg Magistrate's Court on Tuesday morning. According to media reports, the media and the public were bared from the proceedings.

The Star newspaper reported that the court was "surrounded by an army of bodyguards, as Zuma entered the courts through a side door generally used for prisoners". Journalists from the newspaper were prevented from attending the proceedings by heavily-armed police officers and bodyguards at the courtroom door and a photographer was prevented from taking pictures… when Johannesburg Police Area Commissioner Oswald Reddy was questioned about the illegal exclusion; he replied that – "This is highly confidential, no one is allowed in," the paper reported.

Also, it was reported that there was no sign of a charge sheet against Zuma, nor was there an entry in the court log that Zuma had appeared there.

Sanef deputy chair person Elizabeth Barratt said that the events of the Johannesburg Magistrate Court are reminiscences of the past: "This is the journalism that we used to know, with things happening behind close doors and the media being kept out."Sanef issued a statement saying that it is alarmed at this secrecy, which is contrary to the spirit of the Constitution and the openness and transparency of justice for which it stands.

It said it believes that all citizens should be equal before the law and special treatment should not be given to the rich or powerful in society. Barratt added that Sanef was going to discuss the issue and decide what to do.

After his appearance in court, Zuma issued a statement through his lawyers in which he stated that he was deeply disturbed that what is purported to be evidence has been led in the media. The statement said that this had severely influenced public opinion on this matter, causing him great prejudice. "…as with the corruption case; the media has passed judgement…" the statement read.

The Freedom of Expression Institute (FXI) condemned "the harassment of the journalists in the court house and the action of the area commissioner to unilaterally declare the proceedings in camera".

Jane Duncan of the FXI said it was "absurd, and smacks of collusion between the police area commissioner with Zuma's team to shield him from further public embarrassment. In fact the police became an extension of Zuma's bodyguards," Duncan called on the journalists concerned to lay complaints with the Independent Complaints Directorate.

She added that section 153 of the Criminal Procedure Act governs circumstances when a court can be closed. In terms of this provision, the court must make the decision, not the police. It was not the role of area commissioner Reddy to usurp the magistrate's powers to decide whether to close the court.

Zuma's appearance was preliminary, so the provisions around the closure of the court to protect the testimony of the accused or witnesses simply would not apply in this case. The police therefore violated s.153 of the Act as they did not follow due process in having the closure of the court considered by the court itself, according to Duncan.

The Star reported that presiding magistrate Johan Boudrix said he was surprised to hear the media had not been allowed into court. He said there had been no application to hold proceedings in camera, and as far as he was concerned the court had been open. It also reported that the Chief Magistrate of the Johannesburg Regional Court, Gert Jonker, said that the court case, as far as he was concerned, was an open matter, and there was no ruling preventing the media from attending the case.

The trial is set to begin on the 13th of February 2006. Jane Duncan warned that "these events bode ill for the media's ability to cover the trial as it unfolds and sound warning bells that attempts may be made by Zuma's team to hold the trial in camera".

Wednesday, 07 December, 2005

Did he or didn't he? Should the media have published or not?

Compiled By Bate Felix

First published on the www.Journalism.co.za

Since the Jacob Zuma rape saga broke over the weekend, the media has been struggling to make sense of it. We present a compilation of the most important reports and comments.
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The Sunday Times broke the story with a front page lead: “Zuma Rape Claim”, The story said former Deputy President Jacob Zuma has been accused of raping a woman at his house in Forest Town, Johannesburg. They had spoken to the woman who was unwilling to confirm it. Quoting unnamed police sources, it said the police have allocated senior investigators to the claim, although there was no official confirmation.
Extraordinarily, Independent’s Sunday Independent and Sunday Tribune also led with the story – but said exactly the opposite. Under the headlines “Double Blow for Zuma” (Sunday Tribune) and “Double blow for Jacob Zuma hit by dirty tricks campaign” (Sunday Independent), Jeremy Gordin’s story quoted the woman – and named her – as denying the claim flatly. Members of the Zuma camp dismissed the allegations as a “dirty tricks campaign” against him. Significantly, although her name appears in the hard copy editions of the papers, the versions posted online have had the name removed.
Most online publications like News24, and M&G Online picked up quickly on the stories and tried to take them further, but could not get much further than to highlight the possibility of legal action being taken against the Sunday Times.
In “Zuma sex charge 'confusing'“, news24 reported that the Democratic Alliance had entered the fray, and was intending to ask parliamentary questions about the issue if the police failed to do so. The DA justice spokesperson Sheila Camerer quoted as saying “It is quite extraordinary that different newspapers carry totally different versions of events”
Still on Sunday, SABC News, and other online publications also reported that Zuma, through his lawyer was dismissing the allegations, while the ANC remains tightlipped.On Monday, the confusion persisted as SAPA looked at the various reports in the media, as this article picked up by M&G online, Iafrica and SABC News.com shows .
While the Sowetan was asking “What Rape?”, Beeld and Die Burger led Monday's newspapers with the headlines: "Rape storm rages around Zuma and Aids activist", with Beeld publishing a photo of the woman, with more information about her.
In a news analysis headlined "Fact and fiction amid innuendo and rumour", Business Day said that whether true or not, the claims would damage both the alleged victim and Zuma. The Daily Sun headlined: "Zuma to take legal action?" While Nova proclaimed: "No answers in Zuma rape claim".
Meanwhile, The Star in an article ‘I viewed Zuma as a father’ said the “woman again denies former deputy president raped her”.The article also said that she had refuted any claim that she had laid charges and she was on her way home to Swaziland, because her grandfather was ill, But she confirmed that she had stayed overnight at Zuma’s home last Wednesday. All she was prepared to say about that evening was: “I stayed the night and I left the following day to go to work.”
It was also reported on Monday that Zuma would be meeting with his lawyer to decide what to do about the rape claim.
Amid a growing storm, Cosatu and the SACP criticised the Sunday Times for running the story. Cosatu slammed the paper for publishing the story, saying they “smell a rat” in the whole affair.
But the Sunday Times issued a statement that it stood by the report. It said: "The Sunday Times is 100% certain that our story that there is a police investigation into a rape complaint against former deputy president Jacob Zuma is accurate."By Tuesday, however, the Independent titles were reporting categorically that a charge had been laid at the Johannesburg Sexual Offences Unit. The report said: “Impeccable sources have revealed that a complaint, the basis of a police investigation, has been registered at the Braamfontein-based unit. But the complaint was described by one source as "flimsy, riddled with contradictions and won't hold water,” according to the report.
The report also said that Zuma had met the mother of the victim as a damage control exercise and that the mother flew to Johannesburg to speak with her daughter. But it was later denied that this meeting ever took place.
Meanwhile the ANC said it was treating the whole thing as a rumour, according to the SABCNews.com web site.In a carefully argued editorial, Business Day argued that it was essential for the police to clarify whether a charge had been laid or not.
And Prof Anton Harber, of Wits University, argued in his "The Harbinger” column on this website that the real story about the claims were around the dirty war being fought by different factions in the ANC.
Should the story has been published? You can vote in our poll, and add your comments.Compiled by Bate Felix

Business maverick launches

Bate Felix

First published on the Journlaism.co.za website

Branko Brkic’s desk is cluttered. Magazines, pictures, papers are strewn around. He works simultaneously on a laptop and desktop PC, with a packet of roast peanuts close at hand. A phone rings. He scrambles for it, finally retrieving it from under the mess on his table.

“As you can see we are on deadline,” he says apologetically. As the editor, he is frantically putting finishing touches to the first issue of Maverick, a new business magazine that is due to hit the stands on November 3.
Our conversation is constantly interrupted by members of his staff who want him to have a last-minute look at some details, as he try to describe what Maverick is all about.

“Essentially, people want to read magazines that they enjoy. What is the point if you don’t read through and enjoy a business magazine? It does not have to be boring!”

At the moment, he says, you rarely find a business magazine that leaves you yearning for more because it’s a compelling read.

“When was the last time you got a South African business magazine in your hands and you said – I can’t wait for the next issue, a magazine that you want to take home with you and not leave in the office or just thumb through it – you see what I am saying?”

Brkic says his responsibility is to the readers. The former editor of Brainstorm, an IT magazine, says: “I want to say to people, ‘for Christ’s sake let’s read the business magazines. Business is the most enjoyable thing, we spend so much time on it every day, so why the hell must we address it as the most boring subject?”

“I look at Fortune magazine and I see people love it. In South Africa, they have 14000 subscribers, and I think - they are doing something differently”

It is that style that he wants to emulate. “How do we position ourselves to be enjoyed?” he asks.

And he thinks he has the answer with Maverick - “a good business read, must be interesting and fun”.

“Maverick is a business magazine for business people who don’t see the upside of being bored, it is informative but engrossing and good looking – it is a business magazine for people with brains and money,” says the marketing leaflet.

It also says that the “world of business is filled with intrigue, bloodletting, backstabbing and more fascinating stories than you could shake a stick at,” and that these are the stories Maverick is dedicated at telling.

Brkic says he noticed that people don’t particularly read outside their competence, - miners rarely read what is happening in finance, bankers rarely read what is happening in engineering - he wants to change that he says, “by marrying these different elements and making them interesting”.

The problem, concedes Brkic, is that “you have to know how to do it, and the ultimate judge of that will be the readers”. He thinks Maverick might just be able to pull it off because he refuses to see any competition.

“My opinion is that we are coming into a market that nobody is in, in South Africa”. He refuses to comment on existing business publications.

Brkic says the magazine will be for Mavericks and not about Mavericks. It is a mindset, regardless of gender or colour, he says. Though targeting the higher LSMs, Brkic says they will be looking at the huge 25 – 35 age group, who are just entering the business world, and who do not feature on any radar screens.

With an initial print run of 30 000 copies, four-weekly publication and a cover price of R 27.50, he says he aims to serve the market with something new.

In a recent article on financial journalism in The Media Online, columnist David Bullard said “the presentation of financial news has become so dreary that only those with a high threshold of boredom can cope with reading a business paper these days”.

He went on to advise that “If the financial papers lightened up a little they might stand a better chance of attracting new readers”.

It seems to be this irreverent advice that Brkic wants to take with Maverick.




Wednesday, 26 October, 2005