The South African National Editors' Forum (Sanef) has protested against Public Protector Selby Baqwa's decision to ban recording and broadcasting equipment for television and radio from the arms deal hearings.

The organisation said in a statement on Monday night: "The ban is a breach of the media's constitutional right to report freely and openly on public interest matters.

"The presence of recording and broadcast equipment at public hearings, which was once regarded as intrusive, is no longer so as a result of technological advances. It has
become accepted practice in parliament and certain commissions of inquiry.

Baqwa dismissed an application from etv and SABC

"Indeed, during the King Commission into the Hansiegate affair the courts ruled that the presence of these media had to be allowed," said Sanef.

The hearing into the arms deal, according to Sanef, is purported to be open and transparent in order "to ensure the investigation is seen in that light and enjoys maximum credibility. The decision to bar TV and radio will be perceived by the public as negating the intention of having public hearings, and regrettably detracts from the credibility of the hearing."

As the legal battle unfolded, Baqwa announced that the multibillion arms acquisition probe will on Tuesday move from the Pretoria High Court to his offices in Visagie Street in the capital.

No reason was given for the change.

As Baqwa dismissed an application from etv and SABC to allow the hearings to be broadcast on television and radio, counsel for the SABC, Derek Spitz, immediately said his client would seek an urgent application in the Pretoria High Court to overturn the ruling.

Spitz argued that Baqwa's decision was unconstitutional and unfairly discriminated against the electronic media.

In his ruling, Baqwa expressed concern that broadcasting the hearings live might pose a threat to national security as they would deal with information sensitive to the defence of the country.

"These proceedings can only continue because of the fact that the minister of defence has given permission for the relevant witnesses to testify. If the proceedings are broadcast directly, I cannot control what a witness might or might not say.

"I further cannot control the nature of the evidence involved. Counsel for the SA National Defence Force might object to certain information volunteered by a witness but by then I would have lost total control as the information would have been broadcast and irreparable harm could have been done," he said.

He added: "One of the more troublesome consequences of televised proceedings I have to consider is the wider publicity it will give to witnesses who have not voluntarily sought the public limelight. The broadcasting of one's image to a larger audience seems to involve a much greater invasion of personal freedom than simply requiring one to testify in open court."

Baqwa ruled, however, that photography and taping by all the media present would be allowed prior to testimony by witnesses, and that journalists would be allowed to report on the hearings by taking notes "as is the norm" in court proceedings.

With acknowledgement to Marco Granelli and Independent Online.