CASE NUMBER: 33/2006 – ENGELBRECHT, NED. GEREF. GEMEENTE – BRAKPAN WEST BOTHA, DE VILLIERS, KOTZEE JANSE VAN VUUREN VS SABC RADIO – RSG & L NGCOBO VS SABC RADIO -UKHOZI FM – CRUDE LANGUAGE

The two sets of complaints deal with the same subject: the use of the word “fokol” which is derived from “fuck”, with its counterpart “fok” in Afrikaans, in two songs broadcast by the SABC on two of its radio stations. When judging the word “fokol” within the context of the Koos Kombuis song, it strikes one that the word is not used to invade dignity or to be derogatory of someone, but is primarily meant to illustrate despondency with what he regards as poor services. To attain the necessary atmosphere he uses a word that strikes the reasonable listener as both shocking and humorous. There is, of course, also a political slant to the song and this justifies more freedom than he would otherwise have had. The Tribunal does not believe that the song would be harmful to children. Younger children are not likely to have been in the audience and most older children would have heard the word elsewhere, whether it be at the cinema, the playgrounds of a school or next to a sport field. The song does not promote this kind of language.