Extracts from the transcript of the Post Cabinet briefing by Themba Maseko, Government Spokesperson, August 19 2010

Journalist: Turning to the Information Bill. Has Cabinet actually considered the possibility of withdrawing the Information Bill and how concerned is it about South Africa's international image as a result of this apartheid era style legislation? You have seen criticism pretty much across the board, COSATU, business organisations, international ambassadors and so on; I mean clearly this is not just coming from the media.

Themba Maseko:  The Protection of Information Bill is still exactly that, it's a bill being considered by Parliament at this particular point in time and all submissions are being considered. There is no decision to withdraw the bill, however as submissions come, I think we are not dealing with an in transition Government here, so if there are valid strong arguments being put against the Bill, Government will consider all those submissions and if needs be it may consider what further action it needs to take. At this particular point in time there is no decision to withdraw the bill, obviously if an impression is created that the Bill is intend on muzzling the media and limiting free speech it is something we would be concerned about. We are monitoring very closely as GCIS media coverage on the Bill both locally and overseas and we do acknowledge that the negative stories are beginning to migrate to the international sphere and we are obviously concerned about that. It's something that we think both Parliament and Cabinet will indeed take into consideration.

Journalist: It was two weeks ago that you first spoke about a meeting between Government and the South African National Editors Forum. Has an invitation been send and if not, who's dragging his heels?

Themba Maseko:  Well at this stage nobody is dragging his or her heels. We have made contact with SANEF, I personally spoke to the chairperson of SANEF and we are trying to find a date. Obviously there are a lot of international commitments from Government's side, state visits have taken place since the last Cabinet meeting there's a SADC meeting. So we are trying to find a date because when such a meeting happens we want to be able to produce a very strong Government delegation with a number of Ministers participating. So at this stage it's just a question of logistics, finding the time where we can pull many staff to attend such a meeting. At this stage, commitment is there, it's strong, firm it's a question of finding the dates. I will be talking to the chair of SANEF to expedite the matter.

Journalist: On the same issue Themba, I know you are not the presidential spokesperson but when Cabinet says it respects media freedom and the President who is the leader of government goes around and slams the media, doesn't it create confusion here in the messages that you are trying to put across?

Themba Maseko: Not at this stage the message is the same. Government and President Jacob Zuma respect media freedom. What the President was explaining was indeed concerns about media especially print media coverage at this particular point in time and he was indicating that in fact it's something that needs to be put on the table and that is essentially what we are talking about here. Essentially what we think should happen is a meeting between Government and senior editors to talk about concerns from government's side, to also here the views of the media on all the issues on the table. What is a major difficulty is that there are so many issues that are fuelling this perception that government wants to limit media freedom. So we are saying let's have that discussion, let's have that debate but most importantly find a way of making sure that the debate is a rational debate.

There is too much emotion on both sides which is actually making it difficult for rational discussion and debate to take place, it's a discussion that in my view needs to take place without emotion, without people yelling insults at each other, calling each other names, which is what one is observing in a lot of the media stories, articles and comments made over the past few weeks. So let the meeting happen and let's see where we can go with all the issues that are in the media space.

...

Journalist: In what way does government consider the media to be self regulated given the option of going to court?

Themba Maseko:  I was not aware that there is a debate of self regulation or not. The model currently applicable in this country is self regulation where you have an ombudsman who is appointed by the media who receives these complaints and deals with the media. There is a Press Council and if somebody is not happy with the Ombudsman you go to the Press Council who is appointed by the media, you then go to I think it's a retired judge who is appointed who look at those appeals if someone is unhappy, that judge is appointed by the Press Council, so it's essentially the media monitoring complaints process. So what's been put on the table there is unhappiness about that model and a proposal has been put on the table to say let's look at an alternative way of regulating the media. Media is saying it is unhappy with the model that has been put on the table and that is often Media Appeals Tribunal and I think that is a debate that needs to happen.

Journalist: Has government done a study or can you tell us which other countries, democracies in the world utilize a Media Appeals Tribunal. Earlier you said that the debate must happen without emotions and without name calling, who has called who names, can you just tell us that?

Themba Maseko:  Name calling, if you go through the media, I think we are averaging about three articles a day on this subject, all kinds of debates and on both sides I think there is too much emotion in my view dealing with this issue. I don't think that I can mention any particular writer, politician or a journalist who has actually done any name calling but the point I am making is that there is just too much emotion in this debate and there isn't any rational debate to look at the real options that are being put on the table. Models, you must understand that the debate about the Media Appeals Tribunal at this particular point in time is not yet a government discussion but what we are doing at GCIS is to do research and study on this model, so at this point I am not in a position to tell you what the study has found, we are still doing it so we will let you know as so as we have completed the study.

Journalist: What other countries are you aware of at the moment?

Themba Maseko:  There is one or two other countries that we have found but we are still studying it. I think we can find out, we are doing the research; we can talk to you later about it.

Journalist: The President questioned whether the media has the ability pronounce or the capacity to comment and judge government's performance. (Speaking off the mic) 3:26

Themba Maseko: I don't know when the President made that comments, I can't speak for the President. Let me not comment on what the President has said. I can tell you that at this particular point in time there is a firm commitment on the part of government to respect media freedom so that is what I am saying to you. I am unfortunately not in a position to respond to any comment on what the President has said.

...

Journalist: (speaking off the mic(6:04)

Themba Maseko:  It's true that it's still a debate but the way policy migrates from political parties to government is as follows, a resolution is taken at a party Conference and that resolution is then brought into the Government process through a concrete policy proposal which is discussed and debate within Government and then it gets translated into Legislation at a later process. So chances are that if it's taken as a final resolution at a party Conference, chances are is that it will actually find its way into Legislation. There has to be a process it's not an automatic thing that resolution today, Legislation tomorrow, there still has to be a process.

Journalist: A decision has been taken (speaking off the mic)

Themba Maseko: The way things are I can only explain the process. The decisions are taken, you have to understand there is a political party and there is Government so discussions take place within the political party then its introduced to Government, then if Government also endorses that decision it becomes official Government policy. If it's Legislation it will still come to Parliament. There will still be public hearings, discussions, debates, submissions etc. But ultimately you are correct in saying that if there is a resolution chances are that it will become official Government policy.

...

Journalist: Any bills in the works that you know of to establish something like a Media Tribunal, any bills being prepared.

Themba Maseko:  No bills that I am aware of on the Tribunal.

Issued by Government Communications (GCIS), August 19 2010

Click here to sign up to receive our free daily headline email newsletter