CONSTITUTION1. Aims and Objectives of the PCSA
1.1 To promote and preserve the right of freedom of expression including freedom of the press as guaranteed in section 16 of the Constitution of the Republic of South Africa; 1.2 To promote and to develop excellence in journalistic practice and ethics and to promote the adoption of and adherence to those standards of practice and ethics by publications that are associated with it; 1.3 To promote the concept of press self-regulation and to set up the office of the Press Ombudsman and South African Press Appeals Panel; 1.4 To accept a Press Code of Conduct enforced by an independent non-statutory, mediating and adjudicating structure aimed at introducing procedures for the expeditious and cost-effective adjudication, in the absence of a settlement, of complaints against publications published by members of the Print Media Association of South Africa (“PMSA") and other publications that subscribe to the press code. 1.5 To promote public awareness of the existence of the Press Ombudsman and Press Appeals Panel and to create an understanding of their function and purpose; 1.6 To collaborate with other press councils and related organisations here or abroad and to facilitate or organise meetings and conferences with other press councils or related institutions here or abroad; 1.7 To undertake such other tasks as are necessary to further the objectives of the Council; 1.8 Generally, to promote the principles forming the basis of the South African Press Code.
2. Establishment of the Press Council of South Africa
2.1 To achieve the objectives set out in paragraph 1 of this Constitution, there is hereby established a juristic person to be known as the Press Council of South Africa (PCSA) which shall exercise the powers, functions and duties conferred and imposed by this Constitution. 2.2 Without derogating from the generality of paragraph 2.1, the PCSA, for the purposes of the proper exercise and performance of its powers, functions and duties under this Constitution, shall be capable in law of instituting or defending or opposing legal proceedings of whatever nature, or purchasing or otherwise acquiring and holding and alienating or otherwise disposing of movable or immovable property or any other real right or interest, of entering into contracts and concluding agreements, and generally, of performing such other acts and doing such other things as juristic persons may by law perform and do, subject to the provisions of this Constitution.
3. Jurisdiction
3.1 The member publications of the associations listed in paragraph 4.2 below are subject to the jurisdiction of the Press Code and Complaints Procedures as amended from time to time by the PCSA. 3.2 All the associations listed in paragraph 4.2 below shall take such reasonable measures as they may determine to promote the aims and objectives of the PCSA. 3.3 Where a complaint is made against a newspaper or magazine which is not a member of the associations listed in paragraph 4.2 below, the Ombudsman shall approach such newspaper or magazine and inquire whether it accepts the jurisdiction of the Press Ombudsman for the settlement of the complaint. 3.4 In the event that the newspaper or magazine refuses to submit to the jurisdiction of the Ombudsman, he or she shall advise the complainant accordingly.
4. Membership of the PCSA
4.1 The Council shall consist of six members representative of the press and six members, one of them nominated alternate, representative of the public. 4.2 The press members shall be appointed as follows:
One member each shall be appointed by: 4.2.1 The Newspaper Association of South Africa (NASA); 4.2.2 The Magazine Publishers Association of South Africa (MPASA); 4.2.3 The Association of Independent Publishers (AIP); and 4.2.4 The Forum of Community Journalists (FCJ). 4.2.5 The South African National Editors' Forum (SANEF) shall appoint two members, and in the event of a journalists' association being formed, SANEF shall relinquish one seat to the journalists' association. 4.3 The press members are required to be active in editorial work or reporting for a PMSA publication, or to have wide experience in this field. 4.4 In the event of a vacancy occurring, the organisation whose representative has left shall appoint a replacement for the balance of the term.
5. Powers and functions of the Council shall include:
5.1 To consider and decide upon any matter arising from this Constitution or the functioning of any office appointed in terms of this Constitution. 5.2 The Council shall perform all such acts and do all such things as are reasonably necessary for or ancillary, incidental or supplementary to the achievement, pursuit, furtherance or promotion of the objects and principles contained in this Constitution, the Code or Procedure or any function considered necessary by the Council. 6. Structures of the Press Council of South Africa 6.1 The structures of the PCSA shall include: 6.1.1 The Appointments Panel 6.1.2 Management Committee 6.1.3 The adjudicating structures shall be: 6.1.3.1 The South African Press Ombudsman (“SAPOM") and, 6.1.3.2 The South African Press Appeals Panel (“SAPAP").
7. The Appointments Panel
7.1 The aim of the Appointments Panel is to appoint the Press Ombudsman, members of the public to the PCSA, the members of the Appeals Panel and the chairperson of the Appeals Panel. 7.2 During the last year of the term of office of council members, the council shall request the Chief Justice of South Africa to appoint a judge to chair the Appointments Panel. 7.3 The sitting council shall appoint at least three council members to assist the chairman of the Appointments Panel to select members of the next council. 7.4 The Appointments Panel may determine the procedure for the selection of members of the council. 7.5 The Appointments Panel shall dissolve immediately upon completion of the appointment(s) for which it was constituted. 7.6 The public members of the PCSA shall be appointed for a term of five years from persons who have applied for or have been nominated for the posts in response to advertisements placed in the press. 7.7 In the event of a vacancy occurring for any reason, an appointments panel shall be requested by the PCSA to select a replacement for the balance of the term, if possible from the previous applicants or nominees.
8. Management Committee
8.1 The Council may appoint a management committee to run the daily affairs of the PCSA; 8.2 The Management Committee shall consist of one press member, one public member and the chairperson of the PCSA. 8.3 The Management Committee shall be entitled to represent the PCSA in all matters assigned to it by the PCSA. 8.4 The Council may amend or set aside any decision of the Management Committee provided that no third party is prejudiced by the alteration of a decision of the Management Committee.
9. The Ombudsman
9.1 Qualifications: The Ombudsman shall – 9.1.1 Be a citizen of and permanently resident in the Republic of South Africa; 9.1.2 Have extensive press editorial experience at a senior level; 9.1.3 Have the capability to adjudicate matters independently and fairly; 9.1.4 Be a person who is committed to fairness, freedom of speech, the free flow of information and is committed to the Press Code of the PCSA; 9.2 Powers and functions: The Ombudsman shall manage the office of the Press Ombudsman and he or she shall independently deal with and attempt to settle or otherwise adjudicate, in the latter case with two members as defined hereunder, complaints against publications that fall under the Ombudsman's jurisdiction, as determined from time to time by the PCSA. 9.3 The Ombudsman may initiate a discussion in the Press Council into any matter based on or arising from the Press Code. 9.4 Where no public or press member is available to sit on a matter, the Ombudsman may co-opt a person who, in his or her opinion, has appropriate experience to fill that of the public or press member, as the case may be. 9.5 Appointment: The PCSA shall determine any advertisement relating to the appointment of an Ombudsman. 9.5.1 The PCSA shall determine the terms and conditions of the appointment of the Ombudsman. 9.6 The office of the Ombudsman is in Johannesburg and the hearings will take place in Johannesburg, unless the Ombudsman decides to hold a hearing in another city of a province when he considers it appropriate to do so.
10. Appointment of Public and Press Members to the SAPAP
10.1 The PCSA shall advertise for eight positions from among members of the public and eight positions for press members to SAPAP on such terms and manner as it considers necessary. 10.2 The public members are required to have a keen interest in communications, social and political issues and have a serious interest in the furtherance of the communicative value of the printed media as founded in the freedom of expression guarantee of the Constitution of the Republic. 10.3 The press members are required to be active in editorial work or reporting for a PMSA publication, or to have wide experience in this field. 10.4 The appointments are made by the Appointments Panel for a term of five years and reasonable fees plus costs are paid to public members per hearing day. 10.5 The press and public members who have been appointed to the Appeals Panel may not sit on an appeal in the matter they dealt with at the level of the Ombudsman. 10.6 A press member who is in the employ of a publication which is owned by a respondent in a matter may not sit on such a matter. 10.7 Where a public or press member is not available to sit on an appeal, the Chairperson or Acting Chairperson may co-opt a member who, in his or her opinion, has appropriate experience to fill that of the public or press member, as the case may be. 10.8 The office of SAPAP shall be in Johannesburg and hearings shall be held in Johannesburg, unless the Chairperson decides that it is appropriate to hold a hearing elsewhere.
11. Appointment of the Chairperson of the South African Press Appeals Panel
11.1 The Appointments Panel shall appoint the Chairperson of the South African Press Appeals Panel. 11.2 The PCSA advertises the post of Chairperson of SAPAP in a manner which it deems fit. 11.3 Qualifications of the chairperson: 11.3.1 The Chairperson must have senior experience within the field of law. 11.4 The term of appointment shall be for five years and is part-time. 11.5 The remuneration is by way of a retainer, a daily hearing fee plus costs. 11.6 One of the eight public members, who have senior legal experience, shall be appointed to act as chair when the chair is not available. 12. Persons Disqualified from Holding the Position of Ombudsman or Chairperson of the South African Press Appeals Panel 12.1 A person shall not be appointed as Ombudsman or Chairperson of the Press Appeals Panel if such person: 12.1.1 Does not, in the opinion of the Appointments Panel, have the requisite experience or capability; 12.1.2 Has any financial interest in the media or is in the employ of the media; 12.1.3 Occupies a seat in a provincial or national legislative body; 12.1.4 Is an office bearer of a political party or movement or is in the employ of the Public Service: 12.1.5 Is an unrehabilitated insolvent; 12.1.6 Was convicted of an offence after 1992, whether in the Republic or elsewhere, for which such person has been sentenced to imprisonment without the option of a fine. 13. Cessation of Membership 13.1 A person shall cease to be the Chairperson, Ombudsman or a member if: 13.1.1 He or she resigns; 13.1.2 He or she becomes incapable for whatever reason of fulfilling his or her duties; provided that if a dispute arises between the incumbent and the PCSA in this connection, the matter will be resolved by an arbitrator appointed by the Chair of the Johannesburg Bar Council in a manner which he or she deems fair; 13.1.3 He or she is declared insolvent by a court or is found guilty of an offence listed in Schedule I or II of the Criminal Procedure Act 1977. 13.1.4 Any member who becomes ineligible to hold the post in terms of the criteria for appointment to the post shall automatically cease to be a member as from the date of such ineligibility. 13.2 The Council may, by a two-thirds majority at a general meeting, suspend or terminate the membership of any member if such a member has brought the good name of the PCSA into disrepute or if such member has omitted to attend two consecutive meetings in a year without good cause acceptable to the Council. 13.2.1 At least 21 days prior written notice of such a meeting of the Council must be given to all members of the Council. 13.3 Such a resolution must be taken by a two-thirds majority of all the members of the Council and may be taken only at a meeting where at least two-thirds of the members are in attendance.
14. Finance
14.1 The annual reasonable expenditure of the SAPOM and SAPAP shall be met by the PCSA in terms of an annual budget prepared by the Ombudsman's office. 14.2 Public members of the PCSA will be remunerated per meeting and their costs for attending meetings will be paid by the PCSA. 14.3 The remuneration for the public members and the Chairperson shall be determined by the PCSA at the beginning of its term and an annual increase of at least the official inflation rate (CPIX) shall also be determined at this stage. 14.4 All costs of the Chairperson and the public members of the PAP in connection with the adjudication or appeal shall be paid by the PCSA. 14.5 The Chairperson of the Appeals Panel and the Ombudsman shall be entitled to business class flights.
15. Meetings
15.1 The Council shall hold as many meetings per year as the Chairperson deems necessary or where three members require the Chairperson to hold a meeting on a specific matter, he or she shall do so within 21 days. 15.2 The quorum for a meeting shall be six members and resolutions shall be taken by majority vote except in so far as this Constitution requires otherwise. The Chairperson shall have a casting vote where the votes are equal. 15.3 Meetings of the Council may be held in person or by telephone or video conference or other appropriate electronic communications system or a combination thereof: provided that proper notice of such a meeting was given to all members and a quorum is in attendance. 15.4 Minutes shall be kept of the proceedings of meetings by one of the members elected at a Council meeting as secretary. 15.5 Unless all the members agree, a Council meeting shall be held within seven days' written notice by the secretary or the chairperson.
16. Arbitration
16.1 In the event of any dispute (including a dispute relating to membership costs, or the budget prepared by the Ombudsman, or the costs of SAPOM and SAPAP) within the PCSA relating to any matter arising from functions of any member or office-bearer, the PCSA shall appoint an arbitrator to resolve the problem and where the parties cannot agree on the arbitrator the Chair of the Johannesburg Bar Council shall be approached to appoint an arbitrator. 16.2 Each association which has appointed a representative in terms of 4.2 of this Constitution shall bear the costs of its representative carrying out the bona fide functions. 16.3 The cost of the arbitrator shall be shared equally by the disputing parties except in any dispute with the Ombudsman, in which case the cost of arbitration shall be borne by the Council. 16.4 The decision of the arbitrator shall be final and binding.
17. Amendments
17.1 Any amendment to this Constitution, the Code or the Procedure shall require the approval of two-thirds of the members of the PCSA voting either personally or in absentia. 17.2 No amendment shall be effective unless at least 21 calendar days' written notice of a proposed amendment shall have been given to all members. 17.3 Votes submitted in absentia shall be in writing, signed by the relevant member and be recorded for or against the proposed amendment and no further amendments of the proposal may be made at such meeting unless a two-thirds majority of the Council is present at the meeting and votes for such further amendment. 18. Dissolution 18.1 The PCSA may, after each term of the Press Ombudsman, terminate the existence of SAPOM and SAPAP. 18.2 A resolution to dissolve the said system must be passed at a special meeting called for this purpose, by a two-thirds majority of the members present, which two-thirds majority shall be not less than a simple majority of the total membership. 18.3 Not less than 21 days' notice shall be given of any such meeting and such notice shall give particulars of the purpose for which the meeting is called.
19. Seat of the PCSA
19.1 The seat of the PCSA shall be in Johannesburg and meetings shall be held in Johannesburg unless the management decides otherwise. |
