The mass non-compliance with the legal requirement to pay TV licences by the South African public is a perfect example of the dangers and wasteful nature of criminalising non-harmful behaviour.
South Africans are required by law, through section 27 of the Broadcasting Act, to pay for a TV licence – a TV license being a piece of paper issued by the state, which makes it legal to use/possess your television set at home. Failure to pay money to obtain this piece of paper will result in a fine not exceeding R500 or imprisonment not exceeding six months, or both a fine and imprisonment.
Now a TV licence is wholly divorced from any form of harm prevention for the rights of individuals. The requirement for a licence to operate machinery like a vehicle either on land, sea or the sky, is reasonable given that not having that licence, and the training it represents, will result in an increased likelihood of harm to the right to life of various people in society.
The licence for operating a car has the end of making sure that you can operate the machinery in a manner that will not cause harm. The licence for a TV is not remotely related to the operation of the television set. Possessing a TV licence does not increase the likelihood that you will safeguard the rights of others, nor does not having it increase your chances of violating said rights.
TV licences are meant to be revenue-raising mechanisms for the public broadcaster, the SABC. It is a form of revenue raising for the state through the SABC that was not in a money bill when introduced as is required by section 77 of the constitution.
Most importantly for the spirit of justice, not paying a TV licence should not attract any form of criminal charges because it harms no rights aside from the ones the SABC “has” due to legislation. The violation of another person’s rights should be the standard for criminal persecution or treatment.
Boycott
Not paying a TV licence should not see you as a citizen sharing a prison cell with a thief, murderer or rapist. The state should not be spending its limited resources in the criminal justice system arresting and/or prosecuting members of the public who did not pay money for the state’s piece of paper for their television sets.
South Africa has one of the highest violent crime rates in the world, which means our police officers and general criminal justice system are finding it difficult to deal with crimes that harm other people – that is, violent crimes. Having the system deal with those actions that harm no one is counterproductive.
Read: SABC TV licences to stay – for now
According to the latest crime statistics released by the South African Police Service, there are over 86 murders reported in South Africa per day, with only an 8% conviction rate for reported murders. The South African state is already failing with handling violent crime; it should focus solely on it given the harm crimes like murder have contrasted with the non-payment of a TV licence.
Read: SABC owed R44-billion in unpaid TV licences
South Africans have been boycotting the payment of their TV licences for years, yet the state persists in mandating them. When laws are absurd, their observance becomes absurd, too. Yet when disregard for the law enters the psyche of any society, it becomes difficult to have that society respect useful laws such as those against harming persons or property.
It is imperative that the lawmakers in any society make laws that seek to protect against harm to other members of the public. This creates the objective standard wherein the observance of these laws safeguards against harm to another. When laws are meant to safeguard the coffers of the SABC, for instance, it sullies all laws when people do not observe it given its absurdity.
Statutory offences, like the TV licence one, should be done away with.
- The author, Zakhele Mthembu, BA Law LLB (Wits), is a legal researcher at the Free Market Foundation
- The views of this independent columnist are not necessarily shared by TechCentral
