SABC gives fiery response to documentary fight

Since then, disgruntled producers Ben Cashdan and Redi Direko of Broad Daylight have been voicing their disappointment through the media to protest against what they believed was an 'ill-conceived and politically-motivated decision'.

But sensing that the "campaign has exceeded acceptable norms", the SABC convened a media briefing yesterday, Wednesday, June 14 at its Radio Park auditorium to give its side of the story.

"The SABC has rejected the allegation that the decision was accompanied by any internal or external pressure put to bear on the employees who made the decision," SABC group CEO, Dali Mpofu, said categorically.

"We stated that the decision was taken in respect of editorial and legal concerns raised by the relevant departments of the corporation," Mpofu said, adding that the SABC will never succumb to pressure to act against the dictates of logic, the law and its own editorial policies irrespective of where that pressure came from.

"Defamatory, offensive..."

The introduction of 'unauthorised documentaries' was seen by many as the public broadcaster's turning point in its bid to remake its contents and shake off competition. If episodes of celebrities such as singer Busi Mhlongo and jail-bound businessman Shabir Shaik ran smoothly, Mbeki's documentary was declared "incurably defamatory, offensive, lacking editorial balance and overstepping the legal and constitutional lines" by the SABC's legal department and independent legal advisers, led by Bernard Hotz of the Werksmans Attorneys.

Two days before the screening, the SABC requested that the producers make certain editorial changes. And when they failed to do so, resulting in the tape not being signed-off on time, content enterprises CE, Mvuzo Mbebe, ordered the withdrawal of the documentary.

But City Press journalist Japhet Ncube and Mail and Guardian's Ferial Haffajee, who have seen the film, claimed there was nothing defamatory about it.

Mpofu replied vehemently, using a litany of law vocabularies to define the term "defamatory". Afterwards, he said: "Just because some so-called media experts said that the film is okay, we must change our minds and let it be screened...? Unfortunately, we cannot substitute your views with those of the [legal] counsel!

"I have full confidence in the well-trained law practitioners from whom we sought advice and I trust their judgment that the film is offensive and therefore prone to legal action."

Jane Duncan, executive director of the Freedom of Expression Institute (FXI), an organisation branded by Mpofu as a "rightwing body", believes the withdrawal of the documentary is somewhat linked to the presidential succession saga and unequivocally violates freedom of expression and the right of the public to know.

Mpofu is a former executive member of FXI.

Tension

Hotz of the Werksmans Attorneys said: "I honestly believe that some key portions of the documentary were problematic. Let's not forget that everybody had the right to dignity and reputation."

Tension rose and tempers flared in the auditorium when Cashdan and Direko stood up at the SABC press conference yesterday to present their arguments. Mpofu slammed the two filmmakers for approaching the media instead of choosing a peaceful platform to solve the problem.

Direko, who admitted not having enough experience in the making of this kind of documentary, said: "I am not ashamed to be associated with this project.

"I was just disappointed that the SABC did not speak to us for 12 days after the problem surfaced. And with the media harassing us day and night, we had no choice but to tell them our side of the story."

Broad Daylights Films did in fact show the film to a selected group of people and willingly revealed certain sensitive details to third parties, incurring the wrath of the SABC, which believes that the company broke the law and violated certain clauses of the contract.

As the two parties continued to trade accusations and throw "missiles" at each other, it became clear that the SABC and its top leadership present at the briefing (Mpofu, Mbebe, Snuki Zikalala, Yvonne Kgame, Beathur Baker, spokesperson Kaizer Kganyago and others, including their legal eagle Hotz), were going to emerge victorious.

And they did. For now, Mbeki's controversial documentary is history. Broad Daylight Films must brace itself for a legal battle coming its way, as Hotz and his peers, prepare to approach the High Court.