Manto Tshabalala-Msimang vs. Sunday Times PDF Print E-mail
Tuesday, 21 August 2007

Comment given to Cape Times

In our view, there exists a constitutional right to privacy, which should be respected regarding health matters. The disclosure of medical information without express, informed consent, is a gravely serious matter, and is not excused simply on the grounds of freedom of expression.

But, when it comes to the public figures, then it is possible that their right to privacy may be outweighed by overriding considerations of public interest. There is no magic formula when it comes to weighing up which comes first: the right to privacy or the public interest. Getting the balance right depends on the facts of a particular story.

We believe that in relation to the Sunday Times reporting on the Health Minister, the public interest outweighs her right to privacy. The articles raise questions about whether the Minister is fit, physically and ethically, for office. The paper does not delve gratuitously into private questions; the exposure of private facts is linked to public policy questions of considerable importance.

That is why the FXI supports the Sunday Times's right to publish such stories. The FXI would not necessarily support invasions of the right to privacy of public figures as a matter of course, and simply because they are public figures: but in this case, the disclosure of private facts raises questions about whether Manto Tshabalala-Msimang should remain in office. If an inappropriate person is in office, then the health of many people who rely on the public healthcare system may be affected negatively. And that, ultimately, is where the public interest in this matter lies.

 

Readers have left 6 comments.
 1. miss
claudia, Unregistered
we have the right to know what she has done,shes not capable to b in parliment.
 Posted 2007-09-07 10:15:30
 2. WAS THIS ARTICLE DEFAMATORY OR NOT
KEBONYE TEBOGO, Unregistered
I THINK SHE DESERVES THE RIGHT TO KEEP INFORMATION ABOUT HER PRIVATE
 Posted 2007-09-17 18:38:11
 3. Miss
NS Habeeb, Unregistered
I do not feel that she is capable of being in public office. Her past has proven her physically and ethically challenged. The Sunday Times was right in publishing the story as they would only be looking out for the public. Knowledge of this is in the public interest.
 Posted 2007-09-24 16:35:16
 4. public haas the right to know
miss nm Lebajoa, Unregistered
I BELIEVE THAT SUNDAY DID THE RIGHT THING FOR INFORMING THE PUBLIC ABT THE MINISTER.IT IS MEDIAS DUTY TO INFORM THE PUBLIC.
 Posted 2007-09-26 10:24:41
 5. THE MINISTER IS NOT FIT TO LEAD THE PUBLIC
miss nm Lebajoa, Unregistered
SHE SHOULD HAVE KNOWN THAT BEING A PUBLIC LEADER COMES WITH RESPONSIBITY.AS A PUBLIC FIGURE U DONT HAVE TO HAVE SUCH SCANDELOUS PAST AND EXPECT THE PUBLIC NOT TO KNOW.WAT WAS SHE EXPECTING MEDIA IS SUPPOSSED TO FUNTION AS WATCHDOG AND BE IN THE PUBLIC INTEREST.
 Posted 2007-09-26 10:36:57
 6. Mr
Itumeleng Reagan Bahetane, Unregistered
If she was Matlala,she could have been fired by now.The big question is y is she still in office? she is worse than her deputy...I pause.
 Posted 2007-10-01 17:45:40
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