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ALERT UPDATE - SOUTH AFRICA

2 October 2002

Court rules in favour of "Mail & Guardian" newspaper in defamation suit

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

**Updates IFEX alert of 15 October 2001**

(MISA/IFEX) - The "Mail & Guardian" newspaper has scored an important victory in
a R3 million (approx. US$288,000) defamation suit filed by South Africa Housing
Minister Sankie Mthembi-Mahanyele against the newspaper. On 27 September 2002,
the court ruled that a cabinet minister should not have the standing to sue for
defamation when criticised in relation to the execution of her function as a
minister.

The minister launched the suit following the newspaper's publication of a report
in December 1998 evaluating ministers' performances. The report was critical of
Mthembi-Mahanyele's actions at the time. It said she had "shown she cannot
deliver in a key ministry", and criticised her for allegedly awarding a massive
housing contract to a close friend.

The court held that government ministers could not sue for defamation. It said
parliamentarians had a platform in the National Assembly, where they had a
privilege and were protected from legal action for whatever they said.

The court also suggested the president could establish a commission of inquiry
to investigate the factual correctness of the newspaper's statements if he so
wished. However, the court also said that the ruling did not signify that media
could tarnish the reputation of cabinet ministers, specifying that there were
other remedies that could preclude the media from attacking ministers'
reputations.

A daily newspaper quoted Mthembi-Mahanyele's lawyer as commenting, in response
to the ruling, "The effect of that ruling is that no cabinet minister can ever
dream of instituting a defamation suit against anyone. And it doesn't matter how
libelous the statement is that has been published."

Howard Barrel, the outgoing "Mail & Guardian" editor, told MISA-South Africa
that the case has an interesting effect. "Basically, the judge recalled that
readers of the 'M&G' tended to read many other newspapers; this means by the
time they read the alleged defamatory statement, they had already read numerous
other highly unfavourable reports about the Minister. This in turn means that
the 'M&G' article did not reduce any further the reputation of the Minister."

BACKGROUND:
Housing Minister Mthembi-Mahanyele launched a defamation action against the
"Mail & Guardian" in the Johannesburg High Court on 11 October 2001, in response
to how she fared in the newspaper's 1998 cabinet "report card".

The report card, which gave Mthembi-Mahanyele an "F", claimed that a
controversial housing affair and her sacking of former director general Billy
Cobbett haunted her, the "Mail & Guardian" reported on 12 October 2001.

With little recent case law in South Africa on this issue, the trial has set an
important precedent.

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 232975, fax:
+264 61 248016, e-mail: [email protected] or [email protected], Internet:
http://www.misa.org/

The information contained in this alert update is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit MISA.
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