The Star Late Edition

Judge rules on Truth Be Told

- ZELDA VENTER

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.

 ??  ?? INDICTED: SABC won its case against Sylvia Vollenhove­n.
INDICTED: SABC won its case against Sylvia Vollenhove­n.

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