Put up, or shut up, Madame Minister.
August 20th, 2007
The Sunday Times blew us all off its feet with its “She a drunk, and a thief,” treatment of the Minister of Health. Nobody can say our local media is not robust. But is it ethical?
Put more fully, the question I have been asked a few times today is this: was it ethical to publish details of the Minister’s medial records? And was it illegal, as the presidency is suggesting?
(I am not too concerned with her alleged conviction for theft in Botswana. I do not believe there is a privacy issue here, nor is it going to make or break her, given that it happened so long ago. It is just a fun part of the story.)
On the face of it, publishing personal medical records is both illegal and unethical, a clear breach of the rules of privacy, valued highly in our constitution. A better question to ask, however, is whether the journalists have a defence for so flagrantly breaking the rules?
The defence would be public interest. It goes like this: there is such overwhelming public interest in knowing whether the Minister abused her position while in hospital, whether she is a drunk, and whether rules were broken to give her the liver transplant she needed, that this is a case where the rules are legitimately broken. The story is relevant to her capacity and suitability for an important government post, an issue which has long been questioned by her critics, and this makes it of unquestionable public interest.
The courts will have to decide on whether this is an adequate legal defence. All I am trying to illustrate is that the Sunday Times has a credible and important defence to offer in court. It will be a tough one to argue, for sure, but it will also be a tough one for our higher courts to decide, knowing the severe implications for freedom of speech as well as the right to dignity and privacy.
On the level of journalistic ethics, I have little doubt the Sunday Times was justified - if the story is true. If it stands up to scrutiny, the newspaper will have scored a huge goal for public accountability and the power of investigative reporting. If it does not, if the Minister can disprove the story, then the paper will face civil and criminal prosecution, and the brave Editor Mondli Makhanya’s job will be at risk. It will do tremendous damage to the standing of the Sunday Times, and journalism in general.
The stakes are high here, on both sides. It is either the Minister’s job or the Editor’s, I would say.
The ball is now clearly in the Minister’s court. She has issued a denial and gone to court for documents (and not yet for defamation or damages). The presidency is saying they will not act on the basis of media reports, their head firmly in ostrich-like position in the sand.
But the truth is that the Minister has to either knock down the Sunday Times story, with evidence and swift legal action, or we will all believe it to be true - doing tremendous damage to this government and this country.
Put up, or shut up, Madame Minister.
Entry Filed under: Anton Harber, Journalism, Media regulation, Print
7 Comments Add your own
1. Unathi | August 22nd, 2007 at 5:14 pm
I’m not sure about this one & the stakes are really high - as you put it. But what bugs me is when the media takes it upon itself to fight someone with all it’s powerful mass machinery. Clearly Mondli or the Sunday Slimes have taken a position on this matter, it personal, they want to see the minister out (at all extremes) and using a kind of advocacy journalism to dictate what’s good for us on our lousy Sundays or rather tell us that their gripes are good for us to digest.
Manto is incompetent, anyone can tell you this, but the extremes the Sunday Slimes is taking are leading to a kind of mistrust towards the media - especially when they can vent their emotions in public like this. Is it still objective journalism?
2. Lizile Hams | August 23rd, 2007 at 3:49 pm
Unathi, I must tell you this once; when it comes to politicians, be very scared yet be brave to do what you believe is right. Just like the big prof has put it - if the story is credible, then Megan Power and others will be big contenders in next year’s edition of the Vodacom-sponsored scribes awards. I see this as a great eye-opener for all and the final decision will redefine the thin line between right to privacy and the public’s right to know.
3. Anton | August 23rd, 2007 at 4:18 pm
Even better, they could be contendors for the big one - the Taco Kuiper Award for Investigative Journalism.
4. Gerrie Hugo | August 24th, 2007 at 9:06 am
Wise words from a wise man.
However, the observation that her alleged theft will not make or break her because it happened a long time ago, leaves room for concern.
It elevates politicians to an untouchable status. People with criminal records do not find employment in South Africa. They get shunned by society and do not get elected into public office.
5. Nic | August 24th, 2007 at 2:15 pm
Gerrie, I agree with your point 100%. A criminal record needs to pull the same weight wether one is a politician or street sweeper (nothing against street sweepers). If they do not then there is something very wrong.
However, I heard on the news that only politicians with a sentence of 12 or more months have to be fired. Thus Mbeki is well within his rights to leave her where she is. It is now a matter of who gets it, the President, the Minister or the Editor. Sounds like a bit of a joke brewing.
6. Egg | August 25th, 2007 at 7:24 pm
She stole a patients watch and then brandished it at work in Lobatse; is this woman fit to empty bed pans?
Would you employ a heavy drinker as your minister of health?
Is there no better candidate for the Job?
This is what I believe the Americans call a “no brainer”
7. ak | August 26th, 2007 at 3:49 am
Must I prove that I have not stolen if somebody says I have.For sure such proof must be provided in a court of law.On whom is the onus of proof Prof.
In the Ngcuka case on whom was the onus.Not on Ngcuka but on Sheik.If I am correct
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