SABC refused journalists access to workplace; Solidarity approaches court with an urgent application

27 July 2016

Solidarity will today bring an urgent application to court to ensure that the four dismissed SABC journalists may return to work immediately in accordance with yesterday’s ruling by the Labour Court. In its application the trade union will also ask that the individuals who intend to appeal against yesterday’s ruling be held liable for the costs in their personal capacity.

According to Solidarity Chief Executive Dr Dirk Hermann, the fact of the matter is that a court order, allowing the journalists to return to work, is in place. “It is true that the SABC has indicated that it wants to appeal against the ruling. However, the SABC has not yet submitted any formal application to appeal. This means yesterday’s court ruling stands, and in reality the SABC action today amounts to contempt of court,” Hermann said.

“Pending an appeal, the court rules allow you to return to court to obtain a court order to allow someone that had been dismissed to return to work. We are therefore going to rely on this court rule,” Hermann said.

Hermann said it was incomprehensible that the SABC would continue with attempts to defend its unlawful instructions in the courts. “There is no longer any doubt that the SABC’s instruction to journalists not to broadcast violent protest action is illegal. We are convinced that the SABC’s application to appeal will be unsuccessful and we want to ensure that the individuals in question will be held liable for the costs so that the tax payer need not finance these unlawful decisions any longer, “Hermann said.

The Labour Court will probably hear the SABC’s application to appeal early next week.

UPDATE

In a final victory over the SABC’s censorship policy, the public broadcaster finally conceded to allow the four journalists, who had been dismissed, to return to work tomorrow morning. This comes after the SABC this morning showed the door to the four dismissed journalists when they had arrived for work in accordance with yesterday’s Labour Court ruling.

 Solidarity, however, issued an ultimatum to the SABC to allow its members back at their workplace before 16:00 today, failing which the trade union would bring a compliance order and an application for contempt of court against the broadcaster before court. In response, the SABC confirmed in writing that the SABC 4 may return to work tomorrow.

 “Solidarity and the journalists are obviously very relieved about the latest development. However, we are disappointed that we had to threaten further court action before the dismissed journalists were allowed back at work. The journalists are also relieved that they will now be able to do what they do best – namely to report objectively, especially on the coming local elections,” Hermann said.

 Hermann added that this was a strategic victory and emphasised that the war has not yet been won. “We call on civic organisations to intensify pressure on the SABC and parliament to bring about a change in leadership at the SABC,” Hermann said.

Issued by Dirk Hermann, Chief Executive: Solidarity, 27 July 2016