Topic: In camera court hearing of Wouter Basson

The FXI together with the Sunday Times and Business Day succeeded today in returning the in camera proceedings in the bail application of Mr. Wouter Basson to an open court. The bail application is being heard in the Pretoria Regional Magistrates court.

Although we are pleased by this development we cannot as a matter of principle accept other features of the court's ruling and conduct. These include that the court would not declare the record of yesterday's in camera proceedings open and that it again conducted this morning's proceedings in camera. Although the court rules later during the day to open the records of this morning's proceedings to the media and the public, the FXI regards this as a poor substitute for the principle that "justice must be seen to be done".

South Africa's new constitution with its Bill of Rights has only been in effect for two days, and during this time the public and the media's rights to freedom of expression and access to information have been seriously limited in this court.

Therefore we will seek redress from the Supreme Court in our ongoing efforts to enforce and protect these rights, and will instruct our legal counsel urgently to apply for a review of the embargo placed on yesterday's court record.