MALEMA MUST NOT GET AWAY WITH ABUSE

SECTION 16 of the constitution explicitly states freedom of expression includes “freedom of the press and other media”. Press freedom is essential to freedom of expression in general.

As our constitution and its progressive bill of rights are dynamic, the extent to which press freedom is a distinct form of freedom of expression will have to be worked out by the courts. But the investigative and courageous character of the press is essential to maintain the kind of robust and critical discourse that must take place in the liberal democracy that South Africa aspires to be.

This is necessary so that the public can be honestly informed of the state of the country with regard to the government, civil society and all political parties. It is important at all times, but of singular importance at election time.

Known for her honest, courageous reporting, Karima Brown has clashed with EFF leader Julius Malema over reports on his utterances at election meetings. This led to a torrent of abuse from Malema and his supporters that crossed the line as to what is permissible in the hurly burly of robust political debate essential to a liberal democracy.

Malema published her telephone number online while informing his supporters that Brown was insidiously sending her “moles” to an EFF press conference (Mail & Guardian, editorial, March 8-14).

His supporters unleashed a torrent of abuse against her involving, as the M&G reported, “multiple threats of physical violence, including many of a graphic and sexual nature”.

It is disingenuous of Malema to suggest he did not know what he was doing.

Section 8(c) of the Electoral Act declares that parties and candidates “must take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazard, threat or physical assault”.

It is clear Malema incited his followers to breach the law with their verbally obscene assaults

It is clear Malema incited his followers to breach the law with their verbally obscene assaults on Brown – assaults which not only affect her as a journalist but women in general, who find themselves in a vulnerable position amid escalating gender violence, to which Malema and his followers have contributed.

It is unfortunate that when charges are brought against Malema and EFF members, there is always a delay. This appears to be the case with the charges brought to the Human Rights Commission.

Furthermore, the EFF assault on Brown cannot be perceived in isolation. Such conduct over time reveals an insidious strategy to undermine journalistic independence and boldness as part of a populist, opportunist political philosophy.

The Independent Electoral Commission and the Human Rights Commission must act swiftly on the alleged violations of the Electoral Act and human rights respectively.

The press must defend its freedom. Malema and his unruly supporters should in no way be allowed to dictate the political debate prior to the general election on May 8.

Devenish is emeritus professor at UKZN and one of the scholars who helped draft the interim constitution in 1993