South Africa’s judiciary does not need an uncritical media that is over respectful of the courts, Chief Justice Pius Langa said in Durban on Sunday.
Langa, speaking at the Durban University of Technology on the role of the judiciary and its relationship with the media said: ”The courts do not want a media that is uncritical and that is over respectful.
”That is because we have a judiciary of men and women, all imperfect creatures, trying very hard, as best they can, to deliver justice in an imperfect world, using imperfect implements.”
He said the judiciary should ”jealously protect” the media and its right to free expression, but at the same time the media’s right was ”not totally unfettered and unrestricted”.
Both the media and judiciary were critical to the country ”because they play a central role in keeping our government in check and holding it accountable for the exercise of its mighty powers”.
”The independence of the judiciary and the freedom of expression are two of the pillars of an open and democratic society. The judiciary bears the responsibility of upholding the rule of law and ensuring that the government respects and promotes our fundamental human rights.
”The media has the responsibility to report what has, in fact, happened and what has not happened which is supposed to happen,” he said.
Langa said both were necessary to ensure the success of South Africa’s democracy.
”In the past 15 years nearly, we have taken bold steps into a new political regime. And we should all rejoice that we have left behind many of the evils of apartheid.
”Much is left to be done and the future of our country is not cast-iron certain.”
He said although the Constitution guaranteed every South African dignity, equality and freedom, the reality was that ”we are still far from achieving that ideal”.
Langa said South Africa’s well being depended on how well the media and the judiciary carried out their responsibilities.
He said the right to freedom of expression was not specifically for the benefit of the media, but for each individual. The media’s role was to ensure that there was access to information to allow people to exercise their rights.
”If the media is hamstrung left, right and centre, it is our people who will be poorer because they won’t have access to information,” he said.
Asked why section 205 of the Criminal Procedure Act — also known as the ”reveal your sources” clause — remained on the statute books, Langa said so far there had been no legal challenge made to the section’s constitutionality.
Section 205 of the Criminal Procedure Act makes it possible for journalists to be imprisoned if they refused to disclose their sources. – Sapa