Date: 27 September 2002

FXI welcomes the dropping of charges against Mr Vally and Wits demonstrators

The Freedom of Expression Institute (FXI) has today issued a press statement, welcoming the decision of the Johannesburg Magistrate's Court on Thursday 26 September 2002, to drop all charges proffered against Mr. Salim Vally and 16 others for protests against Israeli Foreign Minister Shimon Peres. Mr Vally is a member of the Executive Committee of the FXI as well as its immediate former chairperson.

Vally had been charged with contravening the Regulation of Gatherings Act, trespassing, resisting arrest and the obstruction of justice. During the arrest, he was physically assaulted and manhandled, while the arresting police officers and members of the South African Jewish Board of Deputies (SAJBD) used racial slurs against him.

This arrest occurred outside the University of the Witwatersrand's Johannesburg College of Education (JCE) on September 02 2002, where Mr Vally is currently the Acting Director of its Education Policy Unit. A score of people were also injured, some of them seriously, when police violently dispersed the demonstrators who had gathered outside the college to protest against the presence of Mr. Peres. The sixteen co-accused were arrested after they marched to the Hilbrow Police Station to demand Mr. Vally's release.

In the statement, the FXI reiterated its condemnation of the police action for violating Mr. Vally's constitutional rights and also for their use of lethal and unwarranted force against peaceful demonstrators. The FXI once again denounced the charges made against Mr. Vally as frivolous, vexatious and ridiculous especially given the fact that he is a senior employee of the university and he therefore has an unfettered right of access to the institution's premises. The FXI stated that it was clear Mr. Vally was specifically targeted for his outspoken condemnation of the Israeli occupation of Palestine, and also because of his position as the chairperson of the Palestinian Solidarity Committee in South Africa.

The FXI said it was appalled to note that no action has yet been taken against the police officers for their use of unlawful force against unarmed demonstrators, and for their violation of human rights while arresting the protesters. The FXI also stated that it was shocked to observe that to date, the South African government has not formally distanced itself from the unlawful and illegal activities of the SAJBD who invaded and occupied a public institution, and barred black people from getting inside.

The FXI warned that these activities coupled with the extreme response shown by the government towards legitimate protests and demonstrations during the World Summit on Sustainable Development in Johannesburg, are a clear manifestation of the increasing intolerance displayed by the state against individuals wishing to express themselves freely. The FXI criticised the government's stance as a serious negation of the ideals, which defined the liberation struggle in South Africa and for which so many people sacrificed their lives.

The FXI also stated that it was seriously concerned by this trend of censorship and called upon the South African government to respect the right of each and every individual to freedom of expression, assembly and demonstration.