8 November 1997

Dear Mr Phosa

The Freedom of Expression Institute (FXI) notes with concern the decision by your Provincial Working Committee to take action against journalist Justin Arenstein in an attempt to force him to reveal the sources for an article that appeared in last week’s "Mail & Guardian" newspaper.

The protection of confidential sources is a widely accepted code of professional journalistic ethics and the FXI strongly protests any attempt to force a journalist to break this code.

Confidential sources do not constitute the overwhelming majority of sources that journalists rely upon for information. However, these sources serve a crucial role in allowing the media to expose or report on stories and unfolding events that are in the public interest. More-over, it will seriously militate against media freedom if people in possession of information that is in the public interest are at risk of being identified and penalized for disclosing it to the press, as it would effectively stop further media access to such sources.

The principle of respecting journalists’ sources of information has been confirmed at top government level,  notably by the Minister of Safety and Security, Mr Sydney Mufamadi. In June this year, following talks between President Nelson Mandela and members of the South African National Editors Forum (SANEF), Mr Mufamadi gave the assurance that Section 205 of the Criminal Procedure Act,  which allows the courts to force people to reveal their sources of information, would not be used against journalists until there was clarity on the matter. The amendment of this legislation to affirm journalists’ right not to reveal their sources is currently the subject of discussion between SANEF and the relevant minister. The principle of protecting people who disclose information in the public interest is further confirmed by the recently published Open Democracy Bill (Sections 63-66), albeit with respect to corruption and maladministration in government.

The FXI feels that the ANC in the Mpumalanga province, as the majority party in the province and the ruling party in the rest of the country, should accept that tremendous
 
 
 

public interest surrounds the internal politics of the party. As such, the media should be expected to report on aspects of the party above and beyond any official statements.

The FXI strongly urges the party to reconsider your contemplated action against Arenstein and instead seek relief through internal mechanisms within your ranks if you wish to put a stop to any unauthorised comments to the media
 

Yours sincerely
 

Mandla Seleoane
Chairperson- Freedom of Expression Institute (FXI)

CC:

Mr Solly Zwane
Provincial Secretary: ANC- Mpumalanga
Fax: (013) 755-1172

Mr Jackson Mthembu
Provincial Spokesman for the ANC in Mpumalanga
Fax: (013) 755-2613