Judge rules on Truth Be Told
FILM-MAKER and journalist Sylvia Vollenhoven may not broadcast a documentary she was commissioned by the SABC to make: Truth Be Told: Project Spear.
The high court in Joburg has ruled that the copyright of the film was vested with the SABC, which paid R559 169 in 2012 to the film production house VIA to make it.
At the time, the film was not broadcast for a number of reasons, ranging from that it was not good enough, to that it opened the SABC up to defamation suits.
Vollenhoven was determined to have it screened at other forums, but the SABC steadfastly refused to allow her to buy back the rights or to flight it.
It eventually took Vollenhoven to court to ensure that she may not screen it, and Judge Lawrence Nowosenetz also interdicted her from reproducing or selling the work in any manner, including making still photographs or adapting it.
But there was one concession; the judge ordered that the broadcaster must, in good faith, negotiate with Vollenhoven as to whether she could buy back the rights to the documentary.
The film dates back to 2010, when the SABC released a public request for proposals for an investigative documentary which must contain cutting-edge material.
Vollenhoven presented her film, which dealt with illegal financial assistance given by the previous government through the South African Reserve Bank to major South African financial institutions. It was claimed that these advances had never been recovered by the democratic government.
The SABC accepted the documentary and was due to air it in September 2012, but this never happened.
The SABC said it had in fact identified 16 critical problematic points. These included biased reporting and the incrimination of certain public figures, such as former finance minister Trevor Manuel and Gill Marcus (then governor of the Reserve Bank) without their having been given the right to reply.
Sweeping statements and gaping holes were also presented as reasons for refusing to screen it.
Vollenhoven had planned to screen the documentary at the Franschhoek Literary Festival in May 2013, but the SABC got an undertaking from her that she would not. When it became evident that the SABC was not going to screen it, she applied to buy back the rights.
The SABC, however, made it clear it was not going to sell her the rights.
It also wanted an undertaking from Vollenhoven that she would not in future provide anyone with copies of the documentary or any material acquired for the purposes of its production. When she refused to give in to this, the SABC took her to court.
The SABC told the court that while the work had not been broadcast, it might amend certain parts where possible.