This is a truly extraordinary story – of how the ANC government is still protecting racketeers that were operating under the apartheid government.
I wrote about first it in 2013. Now, at last, the government broadcaster, the SABC, is being brought to court for censorship.
The filmmaker Sylvia Vollenhoven is having her case heard in the Johannesburg High Court from 23rd to 26th May 2016.
Below is her press release, complete with links to all documents and a background story from Professor Anton Harber.
‘Project Spear’ Documentary Banning Landmark Court Case
SABC given ultimatum & Copyright Law Challenged
In a landmark case filmmaker and journalist Sylvia Vollenhoven has given the SABC an ultimatum and is challenging the Copyright Act in the Supreme Court. This comes in the wake of the Corporation censoring her documentary film Project Spear.
Vollenhoven’s lengthy affidavit filed in the South Gauteng High Court says the Corporation’s decision not to broadcast the documentary as well as their refusal to sell her the rights are “unconstitutional, unlawful and fall to be reviewed and set aside”.
The Corporation’s attempts at censorship have been dealt a serious blow by the fact that a copy of the ‘banned’ film has now been submitted as part of the court record. The matter has been set down for hearing in the Johannesburg High Court from 23rd to 26th May 2016.
And in another bold move the affidavit that runs to 77 pages, 241 paragraphs and 46 annexures, is accompanied by a counter application. [see below] This application calls on the SABC to either broadcast Project Spear or sell the rights within 60 days.
The counter application challenges the SABC’s use of the Copyright Act in its original notice of motion earlier this year. However, if the SABC is rightfully employing the Copyright Act to suppress the Project Spear story, the application asserts, the Act could be “inconsistent with the Constitution”.
Project Spear is a 48-minute documentary, commissioned by the SABC that deals with the largescale corruption of the apartheid government and its impact on South Africa today. After giving its full support to the production process of Project Spear – this included approving a final script – the SABC decided at the last minute to remove the documentary from its schedule in 2012.
There has never been a public explanation for this.
The plethora of mails from the organisation intimated that the Spear film was not good enough. Ironically the SABC subsequently commissioned Vollenhoven to produce a four-part mini series called Striking A Chord. An Episode in this series has received two nominations (best documentary and best director) in the 2016 SA Film & TV Awards.
When Vollenhoven and Noseweek magazine Editor Martin Welz tried to show the Spear documentary to a small audience at the Franschhoek Literary Festival earlier this year, the SABC took legal steps to stop the screening. Subsequently the Corporation applied for a Supreme Court interdict against Vollenhoven, Welz and both their companies.
If granted the interdict would have forced them both to hand over all and any material related to Project Spear and it would have prevented Vollenhoven from “making an adaptation”.
“This is going to be a court case that will forever change the relationship between the SABC and independent filmmakers. It is high time that somebody lit a fire under the smug posterior of the public broadcaster. This legal challenge is just the kind of bonfire the Corporation needs to realize that it has a duty to the public and should not be beholden to party political interests or personal agendas,” says Vollenhoven who is a member of the Editorial Board of the Journal of African Cinema and an award winning journalist.
In her court battle with the SABC Vollenhoven has the support of the Freedom of Expression Institute (FXI) as well as the Khulumani Support Group. The Legal Resources Centre (LRC) is representing her and the instructing attorney is Sheldon Magardie.
The full affidavit is available on Google docs at the following link:
The counter application is on Scribd:
Contact: Sylvia Vollenhoven (021) 762-4921 and e-mail firstname.lastname@example.org
Censorship and intrigue in ‘Project Spear’ case
By Anton Harber
SOMETIMES censorship arrives at the front door and then we confront it. At other times, it comes around the back and tries to sneak inside unnoticed. Sometimes it dresses up in funny clothes. My story is about censorship disguised as copyright protection. It involves Absa Bank, the South African Broadcasting Corporation (SABC), a documentary film maker, a muck-raking magazine, a literary festival, two lawyers, apartheid and a barrel-load of intrigue.
Apartheid is part of the story because it always is. Absa is involved because it was implicated in financial shenanigans in the dying days of apartheid. The muck-raking magazine, Noseweek, ran the original story. The documentary maker is Sylvia Vollenhoven, who made Project Spear, which apparently tells of a former British intelligence man who offers to recover many billions of rand secreted overseas in the dying days of apartheid and to do it on spec. To his surprise, there was no interest from the new South African government, raising interesting questions.
Vollenhoven made her film for an SABC series called If Truth be Told. Well, it was not. She says she had the approval of her commissioning editor, but when it was finished and shown to the political heavyweights, they wanted major — and impossible — last-minute changes. They chose not to show it and — without explanation to her or the audience — screened in its place a rerun.
Vollenhoven says she entered into discussions to buy the film from the SABC. And she and Noseweek’s Martin Welz decided to show it to a tiny audience at the Franschhoek Literary Festival earlier this year.
Enter the two lawyers. Not only do they fly to the Western Cape and put a judge on weekend standby to stop them showing the film to a handful of people, but they serve court papers demanding that no one ever show it, that they return all copies and every bit of footage and never even make “an adaptation” of it. In other words, not content with not screening it, the SABC is trying to block it out entirely and prevent anyone ever seeing it, or making another version of it, or even possessing a copy of it. It doesn’t even want another version made of the same story.
That is called censorship.
I have no idea if the film is any good or a load of baloney. I can’t see it because now I am not allowed to. But you have to think that if someone goes to so much trouble to ensure that no one ever sees it, it probably has something juicy in it.
But why should the SABC, which is in the business of showing such films, not suppressing them, and which does not have money to throw around on legal action, care so much?
Vollenhoven thinks it is the result of “fear, insecurity and juniorisation” at the SABC, rather than a grand conspiracy.
SABC spokesman Kaizer Kganyago has been quoted as saying the SABC’s concern is only with the principle of who owns the film. “We own this material. We have commissioned it and paid for it and we want all of it to be returned…. It’s a matter of principle,” he said.
“People are making it sound as if it’s about the content. This has got nothing to do with the content. The fact is it doesn’t belong to them and they’re showing it to people,” he said. Really? The SABC would go to these lengths to keep control of a film it doesn’t even want to show?
The root of the problem is an archaic clause in SABC agreements with independent producers that gives it total and open-ended ownership of all material, even if it never uses it. That clause is confining a range of material to the archives, hidden forever unless the SABC finds a use for it. The effect is to suppress information and material.
Vollenhoven is defending her case, with the support of the Freedom of Expression Institute, and is challenging the SABC to sell copyright to her. It will be a fascinating case to watch. Hopefully, we will get to see the film. And the SABC will be pushed to modernise its contracts with producers that would pull it into line with international norms.
- Harber is Caxton Professor of Journalism at Wits University and chairman of the Freedom of Expression Institute.