An Opinion Published in The Star on 22 August 2023

 A Free and Fair Media Essential to Fully Functioning Democracy

Abraham Lincoln once said democracy is "a government of the people, by the people, and for the people". But how can people participate in the government without a free media?

The role of a free media in our constitutional democracy is often underestimated. It can either strengthen our democracy or weaken it, and when it is weakened, leaders have the freedom and power to do as they please without being held into account.

The media has been essential. Without the media, many court cases would end up in bulky bound books in lawyers' offices and judges' chambers. These are the books behind lawyers and judges in interviews and photographs.

There is a principle in law that cases must set an example for decisions to be taken by judges in the future, and for this reason cases must be recorded and the full reasons for the judgments written down and preserved. That is one of the reasons they are readily available in lawyers' offices and judges' chambers. However, it is not enough that they end up there.

The media has been helpful in bringing cases through live broadcast to the people. All the facts are now being learnt from the live broadcasts of proceedings taking place in courthouses. When this happens, it becomes difficult for those in power to disregard the law without being held into account.

For this reason, we are now seeing former president Jacob Zuma being taken to prison and released later within the strictures of the law according to the constitution. We have also seen the judge who presided over the Senzo Meyiwa murder trial being suspended for the delays in the trial. It will now be difficult for the new judge to not serve justice, notwithstanding the fact that we have also been listening to the testimonies and learning the evidence presented.

It is, however, unfortunate that there are some darlings of the media who are not being reported on with the same enthusiasm. The Phala Phala scandal has not been reported in the same way as the Nkandla scandal, which has not helped in holding the president to account in the same way the former president was held into account. Former public protector Thuli Madonsela's errors have also not been reported, if reported at all, in the same way as suspended public protector Busisiwe Mkhwebane's errors. We have only learnt from her impeachment proceedings that there were errors made by Madonsela.

This shows that our media is not yet free and we must view it critically. Only a free media can provide the functioning democracy that the people need.