A few months ago, author William Gumede described Zuma as someone with a narcissistic personality disorder — a set of traits defined by Austrian psychoanalyst Heinz Kohut as “including an exaggerated sense of superiority, a lack of self-awareness about the impact of their behaviour and having a disdain for others, who they devalue to validate their own grandiosity”. These people lack empathy, have a distorted sense of reality and are incapable of seeing anything from anyone else’s perspective. Narcissists like Zuma, Gumede argues, can’t accept responsibility and don’t care if they take down entire countries with them. The events at Nkandla, sadly for Zuma, only reinforced that perspective.
BACK TO TOPThis means section 14 forbids a newspaper from publishing anything about anyone’s treatment or stay in hospital — no matter how important that person may be or what that person may have done in hospital. I would argue that this section unjustifiably limits the right to freedom of expression because it is over-broad and, in effect, prohibits newspapers from uncovering corruption, maladministration or abuse of power if it relates to hospitals.
The allegation that the health minister had abused her power to jump the queue for a liver transplant is a case in point. It is exactly the role of a free press to uncover the abuse of power by the custodians of our constitution.
If the minister had in fact abused her power in such a despicable way — which is something she denies — the public interest would overwhelmingly require newspapers to publish this relevant information to allow voters to decide for themselves what to think of the government of the day and whom to vote for in the next election.
Yet, if a newspaper published allegations of such abuse of power and relied on the medical records of the minister, it would be contravening section 14 of the National Health Act and would be committing a criminal offence. Section 14 can thus in effect be used by public figures to prevent the publication of embarrassing and damning details about corruption and abuse of power. This makes the section overly broad and, I would contend, unconstitutional.