Mr Dali Mpofu

Chief Executive Officer

South African Broadcasting Corporation

19 December 2005

Dear Mr Mpofu

I write to you to record my concerns at the conduct of the SABC, especially the department that deals with news and current affairs, and what somehow appears to me to be political influence over editorial decisions.

I received requests in the past week from the SABC for a “Newsmaker of the Year” interview. I had no intention of doing any interviews but after some consideration, I decided to grant the interview. I felt that the rationale was justifiable given the fact that this has indeed been a very eventful year and issues relating to me have dominated the news agenda.

I decided that the SABC was the appropriate forum for me to speak due to the fact that it is the public broadcaster and has the biggest reach. The SABC has also reported extensively on matters relating to me, and has never seen the sub judice rule as an impediment in its reporting. I thought this was an appropriate opportunity for me to speak on some of these issues. Because of the sensitivities around the cases and the attitude of the media towards me, I have not been speaking constantly to journalists about these matters.

My aides discussed the matter with your Managing Director of News and Current Affairs, Dr Snuki Zikalala, your acting head of television news, Mr Amrit Manga, your political editor Vuyo Mvoko, several executive producers and other producers, as well as the person who was to conduct the interview, Mr Xolani Gwala.

They agreed not to stray into substantive legal issues around the cases but to focus on the events of the year and how they have impacted on me.

Arrangements were then made for the interview to be pre-recorded on Sunday, December 18 at 3pm at your studios in Auckland Park. I was informed that the interview was to have been broadcast on two channels that evening – SABC 1 at 6pm and SABC 3 at 8pm. The producers also discussed the wording of the promos for the interview.

At 9:30pm on Wednesday night, one of the producers informed us that the SABC had taken a decision to “withdraw” from the interview. One of my aides then discussed the matter with Mr Manga who explained that the SABC decided not to conduct the interview because of the sub judice rule.

Having been surprised by this decision, I then called Mr Manga on Thursday morning and informed him that I found the reasoning for the withdrawal absurd, seriously concerning and indeed surprising.

He told me that the SABC’s lawyers had advised that the interview should not be conducted. After our discussion, he undertook to discuss the matter again with others in your news management team. We were informed on Thursday afternoon that the SABC had decided to stand by its decision to withdraw from the interview due to the sub judice rule.

It is common cause that the sub judice rule is there to protect the rights of the accused – which in this case is me – and fair process. The prerogative would therefore rest with me in terms of how much I wish to discuss about the cases.

Since I was charged with corruption, I have been interviewed several times, including by the BBC and SABC. In all these interviews, I have been the one who has been mindful of what can and cannot be discussed, and it was I who has always cautioned the journalists, including those from the SABC, about the sub judice rule.

I find it difficult to believe that considering all the events of this year and the impact these have had on our society, your journalists were unable to ask me anything other than the facts relating directly to the two cases.

If the SABC had taken a decision that it did not wish to interview me, without reasons which I regard as an excuse, I would have accepted that unreservedly. However, I find it concerning and unsettling that the SABC decides to withdraw after the arrangements had been confirmed due to the sub judice rule. It is even more worrying that the advice came from the SABC legal team who should know better how the sub judice rule operates.

The incident leaves me gravely concerned and with a feeling that political pressure was exerted on senior staff of the SABC which led to this decision. When speaking to Mr Manga, I made this point and went further to say the SABC should avoid giving some of us the impression that there are some political pressures that at times are used to influence certain decisions or results.

Some of us will not allow the media and particularly the public broadcaster which has a duty and responsibility to act fairly and impartially, free of political influence, to take decisions that are open to different interpretations.

I thought it proper to put my concerns on record and to bring them to your attention. I trust that you will address this matter to ensure that if indeed there is political influence over editorial decisions, the matter is attended to immediately.

Yours faithfully

Jacob G. Zuma

·        Cc Mr Eddie Funde, SABC Board Chairman