On the 27th April 2008 M-Net, in its weekly “Carte Blanche” journal programme, broadcast an insert 
concerning the loss of all but one of Durban’s Blue Flag beaches. The Blue Flag signifies an international standard for cleanliness of sea water and the surrounding beach area. The Head of Water and Sanitation in the eThekwini municipality (“the municipality”) lodged a complaint with the Registrar of the BCCSA in regard to the said insert. He argued that unsubstantiated claims were made in the insert regarding leaking toilets; that his view that plans were being made to rectify problems relating to a drain leading into the sea, were not broadcast; that his rejection of pollution claims made by a Dr Grant were not broadcast; and, finally, that his expert report that there was not a leak in the sewage pipeline into the sea, was not broadcast.
The Tribunal held:
(1) that there was insufficient evidence that the leakage at the traders’ toilets did not include sewage, as had been claimed by the presenter;
(2) that it was clear from the programme as a whole that eThekwini was taking steps to rectify the problems mentioned in the insert;
(3) that when the facts conveyed in the insert are judged as a whole, the Complainant’s view was clearly conveyed to the listeners: there was sewage in the canal and two rivers leading into the sea, but the sea water was safe to swim in. Durban applied standards that are different from the standards of Blue Flag, and the Durban standards indicated that the sea water was safe to swim in.
Accordingly, the complaints in regard to the above were dismissed.
However: in one instance, the Tribunal held that M-Net had contravened the Broadcasting Code. It had omitted to broadcast the outcome of the report of three experts that the sewage pipeline into the sea did not have a leak.
M-Net was directed to broadcast an audio summary of the judgment in its first “Carte Blanche” programme in 2009. The summary would read:
“On the 27th April 2008 we broadcast an insert on the reasons for the loss of Blue Flag status of all but one of the beaches at Durban. A complaint was lodged against us at the Broadcasting Complaints Commission by the eThekwini Head: Water and Sanitation for not having broadcast the debate with the eThekwini Municipality with due balance and with fair reference to the facts.
Four complaints as to the insert were mentioned by the complainant.
The Broadcasting Complaints Commission held that three of the four complaints were not justified: there had been due balance and the facts had been conveyed fairly. “Carte Blanche” had, in any case, according to the Commission, not itself come to a conclusion on the sea water itself, but broadcast expert criticism of the pollution in the water from rivers and a canal. However, the BCCSA did hold that we should have mentioned that the complainant had obtained expert reports that the sewage pipeline into the sea did not have a leak. Contrary views expressed by a diver interviewed on the programme were, accordingly, not supported by expert evidence.”