radioComplaint that comment by Redi Tlhabi in Talk Show implied that the dumber people in leadership in government were, the better.  This comment followed upon a public statement by president Zuma, after his dismissal of the Minister of Finance, that people should not pay attention to people who talked too much on television because they are educated black people who think they are clever.  This comment was offensive to the complainant who is a university graduate in the employ of government.   The presenter’s response to the complaint appeared to be condescending and degrading to the dignity of the complainant.  The Tribunal found that just as the complainant has a right to freedom of expression, so has the presenter the same right in an open and democratic society.  The Tribunal also found that the dignity of the complainant might have been subjectively impaired but judged objectively, it has not been impaired.  No contravention of the Broadcasting Code could be found and the complaint was not upheld.   


[2017] JOL 38271 (BCCSA)