A white female learner, her boyfriend and her mother allegedly assaulted a black female learner at 
Edgemead High School in Cape Town. A talk-show host of the Respondent broadcaster invited the allegedly assaulted girl, her mother, the Minister of Education for the Western Cape, and also listeners to take part in the debate on air. The host, more than once, explicitly stated that what had happened was disgusting – the assault included alleged defecation on the learner – and representative of a “trailer park trash” mentality. He emphasized that he was not generalizing about racial behaviour, and that only a minute percentage of the population conducted themselves this way, whilst the vast majority was working towards a new South Africa characterized by equality, and free of racial discrimination.
A complaint was received from two members of the community that: both the school and the community were degraded by the talk-show; there was a distinct bias in favour of the allegedly assaulted girl; there was no explanation as to why the headmaster did not take part in the debate; it was unacceptable that the name of the girl and that of her mother, both of whom allegedly attacked the black girl, were repeated several times in the programme; after the event, the facts turned out to be different, e.g. the defecation, rather than being intentional, was the result of the emotional state of the white girl involved. On the whole: the matter was one of public importance and should, according to the complainant, have been treated fairly and objectively. The latter claimed that this was not the case, and the complainant and his wife were shocked at the “trial by radio”.
The Tribunal held that although the assault was referred to as disgusting, and the presenter’s position was clearly antagonistic towards those who had allegedly committed the assault, there were sufficient statements that countered this: e.g. from the host himself that the vast majority of people would be against this kind of alleged crime; from a co-learner stating that what had allegedly happened was not representative of the spirit in the school; from the mother of the girl, who demonstrated an understanding of the fact that one cannot blame an entire school or community for the single act of two individuals; from the Minister of Education (Western Cape), who expressed his disgust at what had allegedly happened, and said that the matter was under full investigation and that a report was already on his table and would be studied the following morning; from the alleged victim herself, who agreed with a caller that there were hundreds of well-disposed fellow-learners at the school.
The Tribunal was critical of the repetition of the names of the alleged assaulters and also of the reference to “trailer trash mentality”, since the latter implies that persons who live in trailer-parks are trash. It also stated that the question as to whether the sub judice rule had been overstepped was not a matter which fell within the Broadcasting Code but was a matter for the Director of Public Prosecutions and the Criminal Courts to decide upon.
Ultimately, however, there was insufficient evidence to come to a finding that the programme had overstepped the requirements of fairness. Before such a conclusion can be reached in regard to a live talk-show, the bias and unfairness must be unequivocally clear to the Tribunal. Complaint dismissed.