/ 9 July 2008

Concerns over ‘kaffir’ report on Motata trial

Concerns were voiced on Wednesday in the drunken-driving trial of Judge Nkola Motata over a media report on last week's proceedings.

Concerns were voiced on Wednesday in the drunken-driving trial of Pretoria High Court Judge Nkola Motata over a South African Press Association (Sapa) report on last week’s proceedings.

Magistrate Desmond Nair raised the matter after he was shown a Sapa story that contained the words ”drunken kaffir”, apparently heard in an audio recording of events at the scene of the judge’s accident in Johannesburg in January last year.

State prosecutor Zaais van Zyl, who handed the Sapa report to the magistrate, said the word ”kaffir” was never heard in the audio recordings.

Nair then urged the media to be responsible when reporting on court proceedings.

Defence advocate Danie Dorfling said the trial is being widely publicised. ”We are virtually running two trials at same time, one in the press and one in the court.”

A trial within a trial is currently under way to determine the admissibility of five audio recordings made on the night of the accident.

Sapa editor Mark van der Velden said the news agency had taken note of Nair’s remarks concerning the seven-day old report and looked into the matter. It emerged — as could best be heard from audio recordings available on the internet — that the word ”kaffir” could not be clearly heard.

”Pending final verification from official transcripts, Sapa appreciates this having been pointed out, and is happy to set the record straight,” Van der Velden said. ”But in the meantime, it is incorrect to say we reported Baird calling Motata a ‘drunken kaffir’.”

The July 2 Sapa news item — also published by the Mail & Guardian Online — did not report that the transcript showed Baird calling Motata a ”drunken kaffir” .

The report, in fact, said the transcript showed Motata challenging Baird on apparently (in the Motata’s view) calling him a ”drunken kaffir”. It read: ”In the first recording heard in court, Judge Motata accused Baird of calling him a ‘drunken kaffir’.

”’What did you [Baird] say when I got out of my car? You said this drunken kaffir,’ the court heard.”

Van der Velden said news reporters in court worked under difficult conditions, especially when it came to recordings being played. Sapa wished to underline that the report in question was compiled in good faith, he added. — Sapa