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

27 April 2004

FXI releases third report on state of media freedom in South Africa

SOURCE: Freedom of Expression Institute (FXI), Johannesburg

**Updates IFEX alerts of 21 October and 9 May 2003; for further information
on the Munusamy case, see alerts of 5 December, 14 and 12 November, 17, 15
and 9 October 2003; for the Anti-Terrorism Bill, see alerts of 27 February
2004, 9 July, 22 and 1 May and 19 February 2003**

(FXI/IFEX) - The following is a 26 April 2004 FXI press release:

FXI RELEASES THIRD REPORT ON STATE OF MEDIA FREEDOM IN SOUTH AFRICA

The Anti-Censorship Programme (ACP) of the Freedom of Expression Institute
(FXI) has released its third six monthly report highlighting censorship
activities and other violations of the right to freedom of expression in
South Africa.

In the report, the ACP notes that there has been a continuing rise in the
demand for its intervention on a wide range of matters, a fact that should
not be surprising given the increasing levels of conflict between the state
on the one hand, and individuals on the other. This intervention now spans a
whole range of areas including legal support, publicity and expert
submissions.

The report states that one of the ACP's most significant interventions in
2003 related to the Hefer Commission of Inquiry into spying allegations
against the National Director of Public Prosecutions Mr. Bulelani Ngcuka.
Right from the start of the commission, the ACP defended the right of
journalists not to be subpoenaed to give evidence at the inquiry save as a
matter of last resort and only after all other avenues had been tried and
exhausted. Ranjeni Munusamy, a former senior reporter for one of South
Africa's weeklies, the Sunday Times, had been subpoenaed to appear before
the commission and give evidence but she declined to do so and instead
appealed against the move. The matter first went to the Supreme Court of
Appeal, where it was dismissed, and Ms. Munusamy decided to approach the
Constitutional Court for redress. FXI, alongside other media lobby groups,
has remained actively involved with the case and is one of the amicus curiae
(friend of the court) in the application.

Legislative reform remains one of the key areas of concern and the report
notes that the ACP is gearing itself to launch a campaign to address the
censorious laws still existing in South Africa's statute books. The
programme aims to embark on two major legal challenges to laws that violate
the right to freedom of expression. The first one relates to the on-going
Ranjeni Munusamy case mentioned above, while the second will be a
Constitutional Court challenge against the apartheid era Regulation of
Gatherings Act (No 205 of 1993). This Act has become a tool of choice for
local authorities and police to frustrate individuals and organisations
deemed "radical" from enjoying their right to peaceful assembly and
demonstration.

The report notes with concern that censorship activities are still on the
rise, especially in relation to individuals and organisations embarking on
popular forms of expression. For instance, it highlights a recent case where
the state, without legitimate reasons, prohibited a peaceful demonstration
planned by the Anti-Privatisation Forum in Johannesburg. When the Forum's
members went ahead with the march in spite of the ban, 57 of them were
arrested and arraigned in court. In a similar vein, the programme is dealing
with a matter where state doctors marched to Parliament in Cape Town during
its opening on March 6 2004 under a cloud of harassment and intimidation by
the government. Soon afterwards, the National Department of Health is
alleged to have issued a circular to all its provincial departments asking
for the names of the doctors who participated in the march.

In addition, the report details a matter where, once again, the South
African Human Rights Commission has declared utterances allegedly made by a
leader of the Landless Peoples' Movement to be hate speech. This is despite
the fact that the allegations were made by one of the local dailies and the
commission is precluded by its own regulations from making findings on the
basis of information emanating solely from the media.

Other matters dealt with by the report include the long running case of the
Khayelitsha Anti-Eviction Campaign whose members still face severe and
restrictive bail conditions, and a new case of defamation against a
publisher who is about to release a book on the 1988 murder of the then
African National Congress's Paris representative Dulcie September.
Similarly, the report discusses a recent anti-terrorism conference organised
jointly by the University of Pretoria and the Embassy of the United States
of America in South Africa, from which the public and media were barred.

Internally, the report states that an evaluation of the Freedom of
Expression Defense Fund (FXDF) and proposals for the establishment of a
Legal Unit within the FXI have been completed and it is envisaged that the
Unit and Fund will be operational before the end of April 2004.

On the regional level, the report makes mention of a meeting held in late
November between the head of the ACP, Simon Kimani Ndungu, Mr. Raymond Louw
(formerly editor of the Rand Daily Mail) and Ms. Jeanette Minnie (a media
freedom consultant) with President Festus Mogae of Botswana. Mr. Louw had
requested the meeting in a bid to brief President Mogae about an on-going
campaign to remove 'insult laws' from the statute books of many states in
Africa. Governments and top state bureaucrats routinely use these laws to
avoid criticism. Botswana was selected as a starting point due to its
impressive record of good governance and respect for human rights, including
freedom of expression.

Finally, the report notes that one of the major successes during this period
has been the shelving of the controversial Anti-Terrorism Bill (or as its
long name states: "The Protection of Constitutional Democracy against
Terrorist and Related Activities Bill") by the government in late February.
This small, though significant achievement has come about as a result of
continuing widespread public lobbying against the Bill and also because the
government's alliance partner, the Congress of South African Trade Unions,
threatened industrial action if it was not retracted. ACP's role towards the
temporary victory is a matter of public knowledge and, for instance, a
recent media article cited the FXI as one of the most active, vociferous and
consistent critiques of the Bill.

The full report is accessible online at: http://www.fxi.org.za/allframes.htm

Issued by Simon Kimani Ndung'u
Head: Anti-censorship Programme

For further information, contact FXI at P.O. Box 30668, Braamfontein, 2017,
Johannesburg (Street Address: 21st floor, Sable Centre, 41 De Korte Street,
Braamfontein, 2001, 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 FXI. In citing this material for broadcast or publication,
please credit FXI.
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