Defending Opinion Writers from Banning Orders

Our democracy, young and fragile as it may be, depends on the freedom to challenge, to question, and to dissent, writes Sipho Tshabalala.

Our democracy, young and fragile as it may be, depends on the freedom to challenge, to question, and to dissent, writes Sipho Tshabalala.

Published Oct 2, 2024

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By Sipho Tshabalala

“I disapprove of what you say, but I will defend to the death your right to say it.” These powerful words, immortalised in Evelyn Beatrice Hall's The Friends of Voltaire, stand at the core of what it means to live in a democratic society. They remind us that the freedom to express differing views—no matter how contentious—is a right that must be upheld. Yet, in our beloved South Africa, a country that prides itself on its hard-earned democracy, that very freedom is now under threat.

We are witnessing a worrying trend where opinion writers, the torch-bearers of public discourse, are facing a chilling wave of censorship. One cannot ignore the recent saga involving Edmond Phiri, an opinion writer whose bold article, "Is Karyn Maughan South Africa’s Leni Riefenstahl – the Nazi Film Propagandist?" provoked widespread attention. Phiri’s article, which was published in The Sunday Independent and IOL, was certainly provocative, and yes, even inflammatory to some. But it was, at its core, an opinion piece—meant to provoke thought, stir conversation, and yes, sometimes, even discomfort. However, in response to complaints from News24 and Maughan herself, the Press Council of South Africa (PCSA) did something drastic. They not only ordered the retraction of the article but mandated the removal of all online versions. They went further—demanding that both publications issue a public apology with a link to the ruling and the PCSA logo.

But it didn’t stop there. When The Sunday Independent and IOL tried to appeal this draconian ruling, the PCSA refused to even hear the appeal. Let that sink in—an institution tasked with upholding media fairness refused to allow an appeal, silencing any opportunity for further discussion. This, dear reader, is how censorship begins.

Opinion writers, by their very nature, do not exist to make us comfortable. They exist to challenge the narrative, to ask difficult questions, and yes, even to provoke anger at times. That is their role in society. But if we start punishing them with banning orders every time they ruffle feathers, then where does that leave us? What happens to our democracy when those meant to spark discourse are muzzled?

South Africa’s history with censorship is long, bitter, and shameful. Those of us who lived through apartheid remember how black voices were systematically silenced, with newspapers shut down for daring to speak truth to power. We remember the banning orders slapped on those who defied the regime’s oppressive rule. How tragically ironic it is that, decades later, in a free South Africa, we find ourselves once again facing the spectre of censorship—this time not from an authoritarian government, but from institutions meant to protect our freedom.

Adding to the complexity of this case is the involvement of News24, owned by Naspers, a media company with a controversial legacy. Naspers, during apartheid, was closely linked to the regime, serving as its propaganda arm. Prominent apartheid figures like Hendrick Verwoerd and DF Malan once edited Naspers publications, and the company continued to thrive even as Black-owned media outlets were banned. Koos Bekker, former CEO of Naspers and now on its board, also has connections to apartheid-era institutions through his father, Cornelius Bekker, who was the Deputy Director-General of the Bureau of State Security. The legacy of Naspers and its historical ties to censorship further complicates the situation, as critics see echoes of apartheid-era suppression in the ruling against Phiri.

The actions of the PCSA are not isolated to South Africa. There is a broader, global trend where opinion writers, journalists, and whistleblowers are being persecuted for daring to speak out. Look no further than Julian Assange, the founder of WikiLeaks, who has been hounded for his role in exposing uncomfortable truths. His warning that media freedom is at a “dark crossroads” resonates not just internationally, but right here at home.

The banning of Phiri’s article is not just an attack on one man’s opinion. It is an attack on the very essence of free speech. Today it’s Phiri; tomorrow it could be a piece criticising a government policy, a corrupt business practice, or a failed institution. Once we open the door to censorship, it becomes harder to close it.

Our democracy, young and fragile as it may be, depends on the freedom to challenge, to question, and to dissent. Opinion writers play a crucial role in that process. Whether we agree with them or not, we must defend their right to express their views. This is not just about Phiri’s article, or Karyn Maughan, or News24. This is about the future of free expression in South Africa.

As South Africans, we have fought too hard and sacrificed too much to allow censorship to creep back into our lives under the guise of protecting sensitivities. Let us remember the lessons of our past and remain vigilant in defending the voices that keep our democracy alive

* Sipho Tshabalala is an independent writer and political analyst.

** The views expressed do not necessarily reflect the views of Independent Media or IOL.