Date: 16 September 2002

FXI welcomes the removal of the gagging order in the Iscor Case

In a statement released on Friday 13 September 2002, The Freedom of Expression Institute (FXI) welcomed the removal of the gagging order imposed by the Johannesburg High Court against the community challenging the continued pollution of their land, air and water sources by South Africa's iron and steel giant Iscor. The FXI had already made advanced plans to challenge the gag at the Constitutional Court level.

The FXI noted that though its removal must be hailed as a vindication of the constitutional right to freedom of expression, it however expressed its deep reservation about the gag having been imposed in the first place. The FXI stated that it is manifest that an enormous amount of damage has already been done as result of the existence of this gag.

The FXI pointed out that it has consistently denounced the order as a grave and unwarranted violation of the right to freedom of expression. It noted that in spite of the gag having unjustifiably restrained the right of the community to receive or impart information or ideas in relation their environmental problem, it had also denied the public its constitutional right to be informed about the matters in dispute in Vanderbijlpark.

Furthermore, the FXI observed that since February when the order was made, there has been a notable 'chilling effect' on the media and press reports on the case against Iscor have virtually dried up.

The FXI further expressed its deep concern at Iscor's continued peddling of the falsehood that it was the victims who requested to be gagged in the first place. The FXI argued that it makes no conceivable sense that a community, which has been locked in a bitter struggle with the giant corporation regarding the devastation of their lives, could at the same time have appealed to the High Court to be restrained from publicly exposing such atrocities.

The FXI stated that it is apparent Iscor has bowed to mounting public pressure and adverse publicity about the gag thereby prompting the corporation to apply for its removal. The FXI observed that whereas the damage done to the right of freedom of expression against the victims and the country at large cannot be easily quantified, the least that Iscor should do is to immediately put an end to the pollution and adopt measures to clean up the environment. The corporation must also move with speed to compensate the victims for the devastation done to their lives and properties.

The FXI added that the existence of the gag has clearly demonstrated, as perhaps nothing else could do, that censorship is on a sharp incline in South Africa. It further stated that once again its fears have been borne out that both the state and private institutions are showing a remarkable intolerance to the right of individuals to express themselves freely in the manner sanctioned by the constitution.