MK party, SABC to battle in court over use of term ‘GNU’

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The High Court in Johannesburg is today expected to hear former President Jacob Zuma and the Umkhonto we Sizwe (MK) party’s legal challenge against the use of the term ‘Government of National Unity’ (GNU) by the South African Broadcasting Corporation (SABC).

In papers before the court, they argue that the African National Congress (ANC) and the Democratic Alliance (DA) signed a Statement of Intent (SOI) and invited other political parties to join after which nine other organisations heeded the call.

The parties add that while the ANC may embark on a so-called propaganda campaign, accuracy is not a fundamental requirement for its constituency.

However, they add that the SABC has a greater responsibility and statutory role when disseminating information and has defied calls to stop using the term despite alleged expert analysis.

The public broadcaster will likely cite Section 16 of the Constitution in its opposition to the application.

The applicants launched an urgent application for declaratory relief that using the GNU term is invalid and unconstitutional.

The parties argue that it is illegal for the SABC, an organisation with constitutional obligations to mimic what they term an ‘inaccurate and subjective’ term for the prevailing political arrangement.

They add that the public broadcaster’s conduct breaches the additional duties to be independent, objective, and impartial.

Zuma and the MK party rely on various definitions of a Government of National Unity, which state that such an arrangement would follow a period of conflict or other national emergency and that the current status quo falls outside the definition of a GNU and is a result of ordinary democratic outcomes.

2 days ago