The Freedom of Expression Institute and others lodged a complaint with the Broadcasting 
Complaints Commission of South Africa that a news item which informed viewers that the contract of the producer of “Special Assignment”, Max du Preez, would not be renewed, was in conflict with the Broadcasting Code. The complainants alleged lack of balance, inaccuracy of facts and lack of editorial independence.
HELD:
(1) That since the matter of accuracy was the subject of a legal dispute between Mr Du Preez and the SABC and that this dispute was being adjudicated upon elsewhere, the BCCSA would not deal with this aspect of the complaint;
(2) That the item complained about should have come to an end when the professionally correct “no comment” of the Editor in Chief, Mr Phil Molefe, was broadcast. Accordingly, when the Newsroom ventured into the reasons for the non-renewal and an opinion and allegations critical of Mr Mr Du Preez were broadcast, a duty arose to also broadcast his view on the matter. This was not done and accordingly the item lacked balance and was in conflict with the Code.
(3) In so far as the complainants alleged lack of editorial independence, it was unfounded. It would be unreasonable to come to such a conclusion on the present facts. It is significant that in not one of more than 100 cases against the SABC which have come before this Commission during the six years of its existence, has any evidence been found that the SABC’s editorial independence had been compromised.