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Out to Lunch

Why a media tribunal is a good idea

Saturday, July 24, 2010 
Comments: 19
My former editor at the Sunday Times, the bibulous Mondli Makhanya, has frequently bragged over a long liquid lunch that his position as an opinion former puts him above the law. His theory is that a large newspaper is so mighty that nobody would dare mess with the editor. And to an extent he is right.

I have been involved in litigation with AVUSA, the owners of the Sunday Times, for over two years now and they have been thoroughly disreputable people to deal with. The case is a simple matter of wrongful dismissal and should have been settled ages ago.

Just because AVUSA post a large copy of the Basic Conditions of Employment Act by the lift on each floor of their Rosebank building you mustn’t assume that they think the Act applies to them. It’s there to mock the employees who are still waiting for their contracts and, therefore, have no legal rights. This sort of arrangement suits AVUSA because it means it can get rid of people as the mood takes it and be pretty sure they will be able to do nothing about it. A few brave souls take the bastards to the CCMA and the AVUSA record of success there is dismal. But many know that AVUSA delights in being a corporate bully and their preferred strategy is to grind the employee into the ground by spinning out a court case in the hopes of bankrupting the plaintiff. You won’t find AVUSA high on the Deloitte list of companies people would want to work for. In my 40 years in business it is, in my opinion, one of the worst run and most dishonest companies I have had the misfortune to tangle with. But don’t take my word for it….look at the share price relative to the share price of Naspers.

When a newspaper such as the Sunday Times wants to put the boot in just for the hell of it you just have to accept it as an abuse of privilege disguised as freedom of speech. Let’s face it, the Sunday Times hardly has a reputation for factual accuracy these days. The newspaper does sell (arguably) around half a million copies and claims around 4 million readers. So when they decide on a Friday night, fuelled by a few glasses of the hard stuff, to deliberately print lies about an individual or a company there’s not much the poor sods on the receiving end can do about it. The press ombudsman is a timid creation of the media so don’t expect too much joy there. That’s like putting Dracula in charge of the blood bank. The public editor at The Sunday Times is an employee and a drinking member of The Grillhouse Gang, with his huge salary paid by the very people you may be asking him to investigate, so laugh that one off. Only if you are really blessed and have had a blameless previous life might you get an apology. On page 6 in tiny print. The bouffant haired talking head of journalism,Prof Anton Harber, seems to blow in whatever direction most suits his pocket book at the time and the chances of ever getting a fair hearing are minimal. You’re obviously familiar with the term “thick as thieves.”

The great thing about journalism is that the slur can be well disguised but, nonetheless, fatal. If I say that “so and so” is allegedly a fraudster I am home and dry. I can preface the name of a company with “troubled” and if they weren’t yesterday they will be tomorrow. All I have to do as a malicious journalist is to repeat the slur, knowing full well that my readers will never bother to delve deeper into the story. “Disgraced” is another great ruse for a bit of recreational character assassination and if you put something in quotation marks you are home and dry. As in …..Bullard sacked for “racist” article. The obvious implication being that Bullard is a racist. Done and dusted….no court room or tedious legal process of proof needed. Damage done.

So is it any wonder that the ANC are calling for a media tribunal and are keen to punish journalists who deliberately go out of their way to print untruths? And is it any wonder that the gutless media are running around saying that this is a sinister encroachment on their rights to freedom of speech? Bollocks. As someone who has been on the receiving end of vicious and completely fabricated stories I think a media tribunal is a fine idea. Why should the wronged party have to spend years and a fortune seeking justice against a smug media company spinning a legal case out for as long as possible with shareholder’s money? That’s a disgusting miscarriage of justice.

So while I may not be on exactly the same page as Gwede Mantashe when it comes to the finer detail I can say that, in principle, we are probably closer than we have ever been on anything. Except that I would suggest the death sentence as opposed to prison for serious transgressions.



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7756 nicholas williamson  [ Monday, August 02, 2010 | 3:53:59 PM ]
Frankly i think you've lost the plot. The core problem, with a controlled media environment of any type, is that it is ultimately to the disadvantage of the government itself. The investing public both inside and outside the country lose the reaonably dependable signposts that indicate where money should go; and since critical evaluation of any actions within the country is no longer possible, the real losers are those who seek investments. The government itself is constantly seeking investments. A controlled environment will ensure that many will be bad ones. Wikileaks is evidence that controlling information in our era of instant communication is as futile as sticking a finger in a dam wall to prevent it bursting. There is a reason that the apartheid state collapsed. It was a consequence of information starvation, feeding corrosive rumours. Unless it is your intention to accellerate the demise of the ANC this piece is simply self-willed and inherently disingenuous.
7751 Mike The Spike  [ Monday, August 02, 2010 | 2:34:57 PM ]
Dave, we love you, but you gotta let this thing go!I thought the ANC were obsessed with apartheid, but they have nothing on you and your total hatred for Avusa.
7715 Sharon Brin  [ Friday, July 30, 2010 | 3:22:37 PM ]
As usual, David Bullard is spot on. The truth isn't always easy to digest. Suggest those folk invest in a bottle of Eno.
7701 Hugh Robinson  [ Friday, July 30, 2010 | 8:42:26 AM ]
David while I agree with you to the larger extent. I am aware how the media deliberately exclude people and items that suit their particular agenda. The Mail
7696 Jeremy Evans  [ Thursday, July 29, 2010 | 11:31:05 PM ]
If youre taking on an entity in AVUSA rather than a couple of individuals, perhaps you need more ’publicity’ before your hour spent in a scruffy court with depressing weather to boot. Unless I’m channelling Scottish weather into your Springtime?
7652 Guks Mthembu  [ Monday, July 26, 2010 | 1:42:50 PM ]
David, come on now, all these years you spent at AVUSA being exposed to the "Grillhouse Gang" who write whatever is "fuelled by a few glasses of the hard stuff" it never occurred to you to follow your conscience, if you have any, and disassociate yourself with the dishonest bunch. You and the Sunday Times editorial staff have for many years held those in power to account and you always shared those values with the ST's staff. What has changed now? I can’t help it but agree with James, Jens and Theseus, it does sound like wounded pride. As Theseus save have integrity.
7650 David Bullard  [ Monday, July 26, 2010 | 10:10:58 AM ]
Spot on James....I now have a new court date where Mr Makhanya will be able to explain the "questionable" document he introduced as evidence the last time we were in court. Despite all attempts by AVUSA to have this case thrown out the court has ruled that it wants to re-examine this questionable evidence. And there's another matter of "fiddling" with court documents to be discussed. Don't confuse wounded pride with a determination to see justice done. If you knew the full facts you would be amazed. And if you knew the lengths AVUSA have gone to in order to scare me off you would be doubly amazed.
7646 James Thorpe  [ Monday, July 26, 2010 | 8:18:58 AM ]
I'm one of those ill-informed readers that does not have the time or resources to delve below the surface so I go on gut feel. And my gut feel is telling me that if MM says white, DB says black regardless. To keep stringing people like me along you will need to occasionally, grudgingly agree with the guy or it all starts to look, as Jens says below, like wounded pride.
7645 Pico Train  [ Monday, July 26, 2010 | 7:53:39 AM ]
I don't buy the Sunday Crimes anymore. Boring as all hell. Media can destroy people in a few words. Look at what you did to me online a few weeks ago. Good work.
7644 David Bullard  [ Monday, July 26, 2010 | 7:16:12 AM ]
Theseus....you make no sense. On the one hand you argue against a Media Tribunal having earlier said that you hope the first thing they do is to ban this article. Which is it?

And Makhanya et al may be subject to the law but they know that very few people have the money or facilities to avail themselves of that law. So they know they can ride roughshod over people who cannot possibly defend themselves. That has to stop and if a Media Tribunal is the solution then great.
7642 Theseus   [ Monday, July 26, 2010 | 12:37:20 AM ]
David, you are missing the point, and one hopes the first thing the Media Tribunal does is ban this article!You spend a lot of ink (pixels) complaining that Mondli Makhanya abused his position, that AVUSA "have been thoroughly disreputable people" and that they are "fuelled by a few glasses of the hard stuff". If all this is true (Makhanya and AVUSA will deny it of course, and we, the readers have no way of knowing whom to believe) I am sure that you can take the chips off your shoulders and acknowledge that the kleptocronies running the ANC are worse in each of these respects - and several others.Moreover, the S Times, AVUSA and Makhanya "faction" ARE subject to the Law, the ANC's intent is to evade and abuse the law. Why do you think the Scorpions were closed, Simelane was appointed to the NPA (in the words of Pierre de Vos, by "a gangster hellbent on protecting himself:?) and the JSC and judiciary packed and gerrymandered? If you have any doubts, read up what happened to whistleblowers and follow how Trevor Manuel used the deep pockets strategy to "grind down" his critic over his (Manuel's) criminality in the Arms Deal.O yes, in between all his bull, Makhanya HAS held the ANC to account.Have the integrity
7639 David Bullard  [ Sunday, July 25, 2010 | 9:04:17 PM ]
Just seen Jeff Radebe on TV and a media tribunal is a bad idea if he has anything to do with it. However, there is no reason journalists shouldn't be held accountable for what they write and say. Particularly when it is deliberately sensational and damages people's lives. The current situation is a disgrace and if I write that X is a child molester the damage is done and I will only be in a court in five years time, if at all.
By the way, X isn't a child molester but he does pay a nice Nigerian man to find underage prostitutes for him.
7636 Abbie Heunis  [ Sunday, July 25, 2010 | 2:34:43 PM ]
I disagree wholeheartedly with the idea of a media tribunal. The solution that's being proposed will clog up the bureaucratic system further, which is only dysfunctional because it's already clogged up in the first place. I've seen this happen first hand in the SA government on a daily basis.
7635 David Bullard  [ Sunday, July 25, 2010 | 1:55:11 PM ]
Totally agree Jens....since they started to lose market share and attract the opprobrium of real journalists they have become less and less principled. And now The New Age threatens to take government advertising away who knows what they'll do to sell copies?
7629 Jens Eggers  [ Sunday, July 25, 2010 | 11:21:56 AM ]
Amazing how wounded pride trumps principle.
7626 Jobe Sithole   [ Sunday, July 25, 2010 | 10:07:24 AM ]
I was once a subscriber of the Sunday Times but terminated my subscription with them because of their untruths.Mondli Makhanya's tenure at the Sunday Times must rank as one of the worst.He is a terrible editor.No wonder they lost a huge chunk of readers.They make me sick! They may claim to have readers but they have been wipped by the Daily Sun.I hope Naspers buries Avusa in the long run.
7625 Pat Nolan  [ Sunday, July 25, 2010 | 9:09:29 AM ]
Smashin' David, well said, the bastards.............exactly when do we get the death sentence up and running and back with us once again?
7624 Paul Whelan  [ Sunday, July 25, 2010 | 8:43:42 AM ]
David -As we both know, the only thing worse than letting newspapers have a free hand is letting government have a free hand.
7622 grant montgomery  [ Sunday, July 25, 2010 | 12:18:54 AM ]
David,Carefull what you wish for - you might get it!Any media tribunal formed by the government will only have the interests of the ANC at heart. The next step will be as they did in Zimbabwe, that is decree that all newspapers have to be licenced (ZANU-PF closed down all papers that do not toe the line).All in all, we may be better off the way things are.