9 June 1997

Dear Advocate Ntai

The FXI is concerned about reports that the honourable MEC has banned reports to the media on the situation in Bushbuckridge. Further reports have suggested that there may have been a misunderstanding,  but that never-the-less the honourable MEC would first "comment" on any report by the police on the situation in Bushbuckridge before it is released to the media.

The FXI regards the reported action of the honourable MEC as a violation of the Constitution’s Access to Information clause (Section 32), which, in terms of the interim clause that remains operative, states that: "Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights."

The reported action of the honourable MEC has the effect of violating the media’s right to report accurately and contemporaneously on the situation in Bushbuckridge. We understand that as a result of the reported action, the police have refused to give further details to the media following the torching of three trucks at Marite.

The FXI would also like to remind the honourable MEC that the Constitution grants citizens the right to Freedom of Expression (Section 16), which includes freedom of the media and the right to RECEIVE and impart information. The reported actions of the honourable MEC is therefore a violation of the media’s right to receive information from the authorities on the situation in Bushbuckridge. This has the effect of impeding the freedom of the media and the right of citizens to be fully informed about the situation in Bushbuckridge.

The FXI recently completed a study into the role of the media during apartheid, which included a study on state actions against the media. The reported actions of the honourable MEC harks back to the days of apartheid when the state sought to silence the media in an attempt to hide the nature and extent of civil dissatisfaction. These actions of the state contributed to a climate in which law enforcement agencies were not held accountable for their actions and were thus able to get away with numerous human rights violations against the people of this country.

The FXI urgently calls on the honourable MEC to clarify his position and unequivocally distance himself from any action which may amount to the imposition of a ban on police providing details on the situation in Bushbuckridge.

The FXI further calls on the honourable MEC to ensure the right of the media to operate freely in the Bushbuckridge area and to encourage the police to provide full and accurate information to the media on the situation.

The FXI wishes to urge the honourable MEC to desist from any attempt to allow political considerations to interfere in the duty of the police to fully inform the media about the situation in Bushbuckridge and to ensure the media is able to exercise its right to keep the public informed.

The FXI finally calls on the honourable MEC to commit himself and his department to the principles of openness and transparency in line with Section 41 (1) c of the Constitution.

We thank you for taking the time to read this letter and request a response in this regard.
 

Yours faithfully
 

Raymond Louw
Chairperson: FXI Executive Committee
 
  (response received)