Pitch Black Afro

(Pitch Black Afro / Twitter)

Pitch Black Afro: Why he’s been named before going to court, when Nicholas Ninow wasn’t

Here’s why rapper Pitch Black Afro was identified by the media before his murder hearing, and why Dros accused Nicholas Ninow stayed anonymous.

Pitch Black Afro

(Pitch Black Afro / Twitter)

One of South Africa’s most iconic rappers, Pitch Black Afro, was arrested on Wednesday in connection with the murder of his wife on New Year’s Eve.

Afro – real name Thulani Ngcobo – was apprehended on suspicion of killing his 41-year-old partner. Preliminary investigations suggested that she died of natural causes. However, the inquest docket was changed to murder this week.

Pitch Black Afro: Latest news from court

The musician is set to appear in court this week, but his appearance has been compared to one of the most infamous cases currently gripping the country. When Nicholas Ninow was arrested for the alleged rape of a seven-year-old girl, the media could not name the suspect for six weeks. It was only when the NPA intervened that media outlets were allowed to identify him.

This treatment has angered plenty of South Africans, especially as Pitch Black Afro has been named in the press well before he has even entered a plea to the courts. It’s lead to some people crying racism, and hitting out at media houses for exhibiting “double standards”:

The difference between court cases of Pitch Black Afro and Nicholas Ninow

However, it is not bias that’s causing these accusations of “forked-tongue reporting”. It’s the word of the law. The reason Ninow wasn’t initially named to the public was down to the type of offence he committed.

The Criminal Procedure Act clearly states that the media may only name the accused in serious sexual offence cases once they have entered a plea to the charges. This is put in place to protect vulnerable victims of rape or other serious sexual attacks.

Ninow remained anonymous as his plea was frequently delayed – it’s only expected to be submitted next month, after he’s completed a psychiatric evaluation. PBA has not been given the same leniency because he’s committed a crime that isn’t covered by the same reporting rules.

What the law says is “fair”

Another reason Pitch Black Afro was identified before pleading comes down to what constitutes fair reporting: If the suspect has already issued a comment in relation to the charges, then journalists have the green light to name the defendant pre-trial. Pitch Black Afro has already publicly denied murdering his wife.

Helene Eloff is a media law expert. She told Lowvelder back in 2017 what exactly constitutes fair game when it comes to “naming and shaming” victims, explaining that once a name is placed on a court record, the accused can be identified by the media:

“Although Journalists may generally not incriminate any person without having obtained their comment on the allegations against them, anything that has been placed on the court record may be reported on without additional comment being sought. Reportage should seek to reflect what was said in a balanced way.”

Helene Eloff

PBA is set to appear in court on Thursday. Once we have more information on the charges and proceedings, we will update this article accordingly.