Media statement for immediate release

The Freedom of Expression Institute is outraged at developments at the Peninsula Technikon this afternoon. The Technikon management has proceeded with a disciplinary hearing against Max Hamata, a student at the Technikon's Department of Journalism, in spite of the fact that he was absent. Mr. Hamata excused himself from the proceedings when the convenors of the hearing refused him legal representation on the grounds that the students rules do not allow representation by anyone other than a fellow student or a member of staff at the Technikon.

The hearing relates to an article that Mr. Hamata published in the Mail & Guardian newspaper on 18-24 September, entitled "Sex for Sale on Campus". As a result of the article, Mr. Hamata received threatening telephone calls, and the Technikon instituted disciplinary procedures against him on the grounds that he had brought the institution into disrepute.

We believe that Mr. Hamata, and his legal representative were asked to wait outside the venue while the hearing was constituted. Mr. Hamata was then called in without his legal representative. At this point, Mr. Hamata refused to participate in the proceedings without his lawyer present, and left. The hearing continued for approximately three quarters of a hour, at which time Mr. Hamata was asked to return to the hearing without his legal representative. He refused, and the hearing continued in his absence. At all stages, Mr. Hamata's legal representative was present outside the venue, fully prepared to argue the case for legal representation.

In acting in this way, the convenors of the hearing have demonstrated a blatent disregard for the constitutional right of Mr. Hamata to legal representation in this matter. If the Technikon rules do not allow for such representation, then the rules are unconstitutional. No technikon rules or regulations can be above the constitution.

In addition, the FXI objects to the disciplinary hearing on the following grounds:

According to our information, the Rector of the Technikon and Vice Rector of Student Affairs have already made public statements about the matter, and even issued a circular on campus. Yet, they may also be required to be members of the internal disciplinary hearing, which calls into question the appropriateness of including people whose feelings on the matter are already known.

The Technikon did not responded to requests from Mr. Hamata's legal representative for all statements and documents to assist Mr. Hamata in preparing a proper defence. Mr. Hamata's chances of preparing an adequate defence have been hampered as a result.

In addition, the Pentech management have demonstrated blatent disregard for Mr. Hamata's rights as a journalist. If there are complaints about the article, or the conduct of the Mr. Hamata, FXI believes the correct forum to have them heard is the Press Ombudsman. We urge the Technikon to recognise that there are well-established mechanisms to deal with media complaints, which should be used. The Technikon does not seem to appreciate that when Mr. Hamata wrote the story, he was acting as a journalist first and foremost and as a student second, and therefore to attempt to resolve disputes around the article through a disciplinary procedure is tantamount to harassment of a journalist. These actions sends out disturbing signals to student journalists, which are not in the interests of the development of the profession: they may also have an exceedingly negative effect on those wishing to make journalism their career. In fact, we believed that the Technikon management may have endangered the life of Mr. Hamata by acting in ways that raised the temperatures around the very controversial issue of student prostitution on campus: instead, they should have acted to defuse these tensions rather than fanning them with pursing disciplinary actions that have no basis.

We also believe that this incident is already having a multiplier effect, with one case being brought to our attention of another student journalist at an internship with a major Cape Town newspaper refusing to cover the story

We believe that Mr. Hamata has been denied his constitutional right to a fair and impartial hearing. The FXI has declared itself an interested party in the case, and should the matter continue, we will consider supporting a court action to interdict the Technikon in the High Court.

Contact people:

Jane Duncan Laura Pollecutt TEL: (011) 403-8403 TEL: 403-8403 Cell: 083-604-1073