GroundUp CFE: Urgent High Court Action Threat Over SAPS Journalist Protection

• GroundUp and the Campaign for Free Expression (CFE) have demanded that the South African Police Service (SAPS) issue directives to protect journalists covering anti-immigrant protests by November 6.
• Failure to comply will lead to urgent high court proceedings seeking orders for journalist protection and recognition of the State's "positive duty."
• The demand follows multiple incidents where GroundUp journalists were threatened, obstructed, and assaulted during protests, often with SAPS members present but not intervening.
• Specific incidents include journalists Joseph Bracken, Tsoanelo Sefoloko, and Seth Thorne facing harassment, phone seizures, and physical assault.
• A recent Durban High Court interim interdict, granted to SAPS against the March and March movement, highlights ongoing legal scrutiny of protest conduct.

The potential GroundUp CFE urgent high court SAPS proceedings could therefore establish a crucial legal precedent regarding the SAPS duty protect journalists during South Africa journalists safety protests.

GroundUp and the Campaign for Free Expression (CFE) have formally called upon senior South African Police Service (SAPS) officials to ensure the protection of journalists covering anti-immigrant demonstrations. Attorney Jacques Louw, representing both organizations, dispatched a letter on October 30 to Acting Police Minister Firoz Cachalia, National Commissioner Fanie Masemola, and the provincial commissioners for KwaZulu-Natal and Gauteng. This communication urged the issuance of an immediate directive to police officers on the ground, instructing them to safeguard reporters.

The letter stipulated a deadline of Friday, November 6, for the implementation of this directive. Should the SAPS fail to comply, GroundUp and CFE have indicated their intention to initiate urgent high court proceedings. These legal actions would aim to secure court orders affirming the necessity of protecting journalists during public gatherings and establishing the State's "positive duty" in this regard. The organizations contend that the State is failing its constitutional obligations when SAPS members remain passive during such incidents.

This demand stems from a series of alarming incidents where GroundUp journalists, while reporting on anti-migrant and xenophobic protests, faced threats, obstruction, and physical assault. Crucially, in many of these instances, SAPS members were present and observed the events unfolding but did not intervene. This alleged inaction by law enforcement forms a central pillar of the organizations' argument for a judicial mandate.

The letter from attorney Jacques Louw detailed several specific instances illustrating the dangers faced by journalists and the alleged failure of police to act. Between October 6 and 8, near the Durban Refugee Reception Office and in the Point area, journalists Joseph Bracken and Tsoanelo Sefoloko were repeatedly instructed to cease filming and delete their footage. Protesters attempted to seize Bracken's phone, even as SAPS members stood by, with one officer reportedly less than a meter away, yet no intervention occurred. The following day, Bracken endured further harassment, being pushed, pulled, prodded with sticks, and verbally threatened by protesters, who also grabbed his phone and warned him of a planned beating if he continued his work. A SAPS member who later approached advised Bracken to leave rather than confronting the aggressors. Subsequently, Metropolitan Police officers observed a liquor store being looted while standing beside Bracken, again failing to intervene as protesters told him to stop filming.

Another incident occurred on October 9 near the Pretoria Refugee Reception Office, where a protester snatched Seth Thorne's phone and struck him multiple times across the face. Police officers at the scene remained inside their vehicle, failing to pursue the group when they moved to nearby shops. Eventually, an officer did retrieve Thorne's phone and returned it. On October 27, outside the Durban refugee office, Jacinta Ngobese-Zuma, leader of the March and March movement, publicly identified Bracken while he was filming her address to approximately 50 people. Ngobese-Zuma referenced Bracken's race and accused GroundUp of negative reporting on March and March. This led the crowd to turn on Bracken, shouting threats and demanding his departure, even as Ngobese-Zuma called for calm, with some protesters making "throat slicing" gestures. Louw emphasized that such public targeting by a movement leader significantly escalates the risk to journalists at future gatherings.

These documented events are not isolated occurrences but are part of a broader, concerning pattern of targeting journalists in South Africa this year. Both the South African National Editors' Forum and the Committee to Protect Journalists have recorded similar incidents, including the dissemination of journalists' photographs and contact details with the explicit intent to target them. The potential GroundUp CFE urgent high court SAPS proceedings could therefore establish a crucial legal precedent regarding the SAPS duty protect journalists during South Africa journalists safety protests.

The legal challenge by GroundUp and CFE underscores the argument that the State, through the inaction of its police force, is violating its constitutional obligations to protect media freedom and the safety of those reporting on public events. This legal stance is particularly relevant given recent related judicial developments. For instance, the Durban High Court, just last Friday, saw Judge Peter Olsen grant an interim interdict in favor of SAPS against the March and March movement. This interdict specifically prohibited the organization from instigating lawlessness, looting, or attacking Home Affairs premises, and imposed restrictions on protesters, including banning masks, weapons, and limiting protest hours until November 7. The matter is scheduled to return to court in January next year, highlighting the ongoing legal scrutiny surrounding public demonstrations and the conduct of participants. The outcome of the threatened high court action by GroundUp and CFE could significantly influence future litigation concerning police accountability and journalist safety during protests.

Lawyers advising media organizations or journalists should monitor the potential high court proceedings threatened by GroundUp and CFE, as a ruling could establish a significant precedent regarding the South African Police Service's (SAPS) positive duty to protect journalists covering public gatherings. This could impact future litigation concerning police accountability and journalist safety during protests.

Source: Original reporting via GroundUp.