Appeal Decision: Edwards Cameo vs. Daily Maverick

SUMMARY

A cartoon was in dispute (published on 11 April 2017).

This ruling by the Chair of the Appeals Panel Judge Bernard Ngoepe was based on the Press Code that was in effect before 30 September 2022.

The cartoon by Zapiro depicted Pres Jacob Zuma (with a shower on his head and standing with his back to the figure of a woman, with his hands touching his private parts) as saying to a male figure of the Gupta family (whose belt was loosened with his trousers slightly lowered, probably in the process of dropping them), “She’s all yours, boss!” The woman, lying down with her legs slightly apart, was draped in the national colours of the Republic with the letters “SA” on her chest, while her outstretched arms were held down by the caricatures of three public figures.

Cameo Edwards complained that the cartoon distastefully perpetuated rape culture.

The Ombud dismissed the complaint, saying that, in this case, freedom of expression outweighed dignity. He added that the cartoon was a political statement, designed to shock, not meant to be humorous, and intended to reflect on the nature of what was happening in the country, as Zapiro perceived it.

Judge Ngoepe agreed with the Ombud’s analysis and reasoning. He added the following considerations:

• The looting was, at least colloquially, akin to the raping (of the state);
• These allegations of the looting of state resources had been, and continued to be, in the public domain, and they called for a serious and robust debate; and
• The cartoon could never be seen as a joke about rape, or a trivialization thereof. It sought to remind the public and all concerned that the looting and pillaging of the country amounted to the “raping” of “Lady South Africa”.

The application for leave to appeal was dismissed.

THE RULING ITSELF

In the matter of

EDWARDS CAMEO                                                                                    APPLICANT

AND

[1]     This is an application by Cameo Edwards (“applicant”) for leave to appeal against the Ruling of the Press Ombud, dismissing applicant’s complaint against the Daily Maverick (“respondent”).  The complaint followed a cartoon by Zapiro, published in the respondent’s edition of 11 April 2017.  The cartoon depicted a lady being held down by certain people in order to be raped by somebody in the name of Gupta.  The victim was “Lady South Africa”. President Zuma was shown with his back to the lady, zipping up his pants, with the words “She’s All Yours. Boss!”

[2]     The applicant complained that the respondent “published Zapiro’s work, which I find to be racist and perpetuates rapes culture”.  Applicant said the cartoon perpetuated rape culture, constituting a “gross offense of human rights”.  Applicant demanded public apology and the resignation of Mr Shapiro from the Daily Maverick.

[3]     In its response, the respondent pointed to a similar cartoon published in 2008 in which Mr Zuma was depicted as raping “Lady Justice”.  It was pointed out that Mr Zuma later withdrew a civil suite based on that cartoon. The respondent defended the publishing of the cartoon as follows: “The cartoon is a metaphor illustrating Zapiro’s opinion that there is abuse and pillaging of South Africa at the hands of President Zuma, the Gupta family and various of his supporters (the people indicated in the cartoon) … who allow for the perpetration of such abuse and pillaging”. The respondent argued that the cartoon was an exercise of the right of freedom of expression, entrenched in section 16 of the Constitution, “which includes freedom of the press and other media, freedom to receive or impart information or ideas and freedom of artistic creativity”.  In his replyS, the applicant contended that the cartoon “glorifies vicious acts of sexual violence against women …. Rape jokes are not funny and rape should never be used as a metaphor”.  The right to freedom of speech, he argues, does not trump the right to dignity.

[4]     In his Ruling dated 23 May 2017, the Ombud dismissed the complaint.  He gave full reasons for his decision; he, amongst others, said the following: “Having applied my mind, I have no hesitation that, in this instance, freedom of expression outweighs dignity.  Zapiro’s cartoon is a political statement, designed to shock, (not meant to be humorous) and intended to reflect on the nature of what is happening in the country, as he perceives it.” I agree with the Ombud’s analysis and reasoning; and add the following considerations: the looting  is, at least colloquially, akin to the raping (of the state). These allegations of the looting of state resources have been, and continue to be, in the  public domain, and they call for a serious and robust debate.  I have no doubt that a reasonable reader would understand the cartoon in that context.  The cartoon will never be seen as a joke about rape, or a trivialization thereof; it seeks to remind the public and all concerned that the looting and pillaging of the country amounts to the “raping” of “Lady South Africa”. A reader will understand the cartoon in that context, and not as suggested by the applicant.

[5]     For the application to succeed, the applicant must show reasonable prospects of success before the Appeals Panel.  For the reasons given above, there are no such prospects and the application is dismissed.

Dated this 27^th day of June 2017

Judge B M Ngoepe, Chair, Appeals Panel