The successful motion of no confidence brought against Sedibeng District Municipality Executive Mayor Lerato Maloka yesterday was made more explosive when a journalist covering the open meeting for the Vaalweekblad was forcefully removed from the council chamber.

Experienced journalist Christiaan Cloete was manhandled from the Vereeniging Civic Centre building and shoved outside so vigorously that he fell to the ground, landing on his lens-filled camera bag and dropping his phone in the process – all because he stood his ground and continued filming proceedings after being ordered to stop by Speaker Moipone Modikeng.

Media law expert Helene Viljoen, representing Caxton Local Media, says they intend to legally challenge the speaker’s decisions to ban photography and order Cloete’s removal. “When privacy concerns override the public’s right to know in such a public setting, a real danger to democratic integrity raises its head.”

Camera-shy councillors

According to Cloete, earlier in the meeting, some councillors had objected to the proceedings being filmed, citing the Protection of Personal Information Act (POPI Act). He says Modikeng then asked him not to film or photograph any of the councillors seated to her right, most of who were ANC councillors.

However, it was challenging to meet this request, says Cloete, because it prevented him from accurately recording the proceedings. “Was I expected to stop filming if a councillor to the speaker’s right started talking?

“Every time I turned my camera slightly in that direction, councillors would jump up and object.

“It was a questionable call by the speaker and I decided that given the importance of what was on the agenda, public interest outweighed the councillors’ right to privacy. They are elected public officials, after all,” says Cloete.

Despite Cloete saying he was quietly taking photos and videos from the corner of the room, the speaker accused him of disrupting the meeting. A man who had earlier introduced himself as the chief of security approached Cloete and ordered him to stop filming.  Cloete says the man refused to disclose his name. Cloete told the man he was not going to stop taking visuals.

Video footage shows what happened next: Cloete’s arms are grabbed by two people who begin manhandling him towards the exit. Several other men are seen running up to help evict Cloete. Over the noise of the commotion, a person is heard laughing and another is heard repeatedly saying: ‘Get him out!’

Cloete is seen wearing a backpack, has a camera bag slung over his shoulder, a camera around his neck and a phone in his hands. It is clear from the video that he was unable to defend himself or break his fall.

The journalist has taken photos and videos at several council meetings in the past and has never before been asked to stop filming.

He went to the Vereeniging Police Station shortly after and opened a case of assault and malicious damage to property.

Cloete says the incident has left him traumatised, but he is grateful to the people who assisted him while he was lying on the ground outside the building and to the person who brought him a glass of water.

Sedibeng district police spokesperson Sergeant Thembeka Maxambela confirmed that an investigation is underway.

Yesterday, Vaalweekblad asked the council for its comment on the matter but none had been forthcoming at the time of publication.

Incident condemned

Irma Green, the group editor of Caxton Local Media, says Caxton will not tolerate their journalists being manhandled while carrying out their duties. “Councillors are in the service of the public and were elected to represent their interests. It is the media’s role to inform and, to do this, a free flow of information is necessary. What happened yesterday is deplorable.”

The Forum of Community Journalists says the ‘incident is a direct attack on media freedom’. “It sets a dangerous precedent for the suppression of journalists covering matters of public interest. Open council meetings exist to ensure accountability and transparency, and the removal of a journalist undermines these democratic principles.

“The right to report freely is enshrined in the South African Constitution, and no journalist should face intimidation, violence, or censorship for fulfilling their duty to inform the public.”

Court challenge

Viljoen, an attorney with a strong journalism background, says she is working with Caxton Local Media to challenge yesterday’s restriction on the media’s right to report from public town council meetings.

“The mistreatment of journalists is unacceptable. Physically removing a journalist from a public meeting raises serious concerns about the justification for such actions. If security personnel were not lawfully justified in removing Cloete, their actions could amount to assault,” she says.

“The speaker has the authority to maintain order, but her decisions must be lawful, reasonable and procedurally fair. Two key decisions are in question: First, the directive preventing Cloete from taking photos, and second, the order for his removal. Both may be legally challenged or referred to the Public Protector. Additionally, the force used by security is another concerning aspect.”

The right to report on public meetings is Constitutionally protected, she says. “While some councillors cited privacy concerns, courts have ruled that public interest can override privacy rights. The refusal of councillors to be filmed is questionable given their role as public officials. Similarly, the speaker’s decision to enforce this ban requires scrutiny.

“Citing the POPI Act to justify restricting media coverage is misleading as the act grants media broad exemptions when reporting in the public interest.

“This incident raises serious concerns about media freedom and transparency in governance.”

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