Jacquie Golding-Duffy
THE Press Council of South Africa, established in 1992 in response to pressure from former president PW Botha, will finally be dissolved next year following much debate on the future of this adjudicator.
It will be replaced by an ombudsman and an appeal panel which should be up and running by March next year.
Press Council chairman Kobus van Rooyen says there are two main reasons for closing-up shop.
The first is the historical circumstances under which the Press Council was formed: “Pressure was brought to bear on the press to bring its house in order by the government of president Botha which placed the media under state supervision and that has tainted the council.”
The second reason is that it is timely to bring the Press Council in accordance with the Constitution which enshrines freedom of expression: “It has become necessary to make a fresh start within the Bill of Rights and it is necessary to end the perception that since government pressure has led to its founding, that it is not entirely independent and objective.”
Van Rooyen also argues that the current council structure is too all-inclusive, adding that a separation of powers is essential. “The powers of adjudicating should be the sole power of the ombudsman and he or she should not get involved in debate concerning press freedom. The main objective should be to remain impartial and allow other structures to take up various fights in the media.”
The Press Council and its predecessor, the Media Council, turned out to be a model of independent adjudication and a “shield and sword against government’s attempts to gag the press”, Van Rooyen said. Yet an ombudsman could do this and more, including assessing complaints from the public.
Advertisements will be placed nationally and nominations will be accepted for an ombudsman and four appeal panel members. A chief justice, or respected professional from the legal fraternity, will be approached to oversee nominations and finally make an appointment.
The successful candidates will have to serve for a period of five years and will be paid a nominal fee.
Freedom of Expression executive director Jeanette Minnie welcomed the move. “Since the mid-Eighties the media has been reluctant to introduce its own voluntary watchdog body in the face of press restrictions and States of Emergencies. Now in a new climate of press freedom it is encouraging and timely to see the role players in media taking steps towards having a body to monitor activities in the industry.”