IFEX - News from the international freedom of expression community
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PRESS RELEASE/UPDATE - SOUTH AFRICA

17 October 2003

Media defence groups condemn Hefer ruling

SOURCE: Media Institute of Southern Africa (MISA), Windhoek / Freedom of
Expression Institute (FXI), Johannesburg

**Updates IFEX alerts of 15 October and 9 October 2003**

(MISA/FXI/IFEX) - The following is a 16 October 2003 MISA-South Africa, FXI
and South African National Editors' Forum (Sanef) joint statement:

Media defence groups condemn Hefer ruling

BLOEMFONTEIN: The South African National Editors' Forum (Sanef), the Freedom
of Expression Institute (FXI) and the South Africa Chapter of the Media
Institute of Southern Africa (MISA-SA) have expressed disappointment at
Hefer Commission chairman Justice Joos Hefer's ruling that former Sunday
Times reporter Ranjeni Munusamy will have to testify before the commission.
She was subpoenaed to give evidence to the commission about her story that
the African National Congress (ANC) investigated National Director of Public
Prosecutions Bulelani Ngcuka as an apartheid government spy. The judge
ignored a substantive argument from the three organizations this morning,
which stated that media freedom and journalists' lives would be in danger if
they were forced to testify and identify their sources.

The group's submission spelled out how informants in the public and private
sector who want to blow the whistle on crime, corruption and misdemeanours,
but prefer to report to the media rather than the authorities, would refrain
from doing so. This type of information, which generally requires
journalists to maintain the confidentiality of their sources, would dry up
if they were perceived to be informers for the police and the authorities.
This would cut off essential information channels for the media.

The organisations were shocked that the judge ignored an affidavit presented
by Munusamy to the commission, in which she claimed that her life had been
threatened by some of her sources. Munusamy's lawyers are taking the judge's
decision to the High Court for review. MISA-SA, FXI and Sanef support, in
principle, the decision to take the case to the High Court and will meet to
discuss ways to support Munusamy's case. The judge's decision is a serious
blow to media freedom because it places journalists at risk and erodes media
freedom.

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232 975,
fax: +264 61 248 016, e-mail: [email protected] or [email protected],
Internet: http://www.misa.org. Or, contact FXI at P.O. Box 30668,
Braamfontein, 2017, Johannesburg (Street Address: 5th Floor Argon House, 87
Juta Street, Braamfontein, Johannesburg), South Africa, tel: +27 11 403
8403/4, fax: +27 11 403 8309, e-mail: [email protected], Internet:
http://fxi.org.za

The information contained in this press release/update is the sole
responsibility of MISA and FXI. In citing this material for broadcast or
publication, please credit MISA and FXI.
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