FXI is appalled to learn that Swiss journalist Jean-Philippe Ceppi has been arrested in connection with being in possession of a "top secret document". The manner in which this journalist was arrested is reminiscent of the authoritarian manner in which the apartheid security forces operated. It seems unbelievable that in our new democracy a visitor should be visited at night in his hotel room, questioned, and the room obviously searched, for the purpose of discovering what documentation a journalist has in his possession.

The Protection of Information Act 84 of 1982, which was intended to prevent government activities from being revealed by the media by defining certain categories of information as protected and by introducing harsh penalties for contravening the Act, is a piece of legislation carried over from the previous government whose preoccupation with secrecy is well known. It is also a piece of legislation that FXI, believes should be scrapped or at least amended. The Open Democracy Bill currently with parliament is intended to replace this Act so that blanket restrictions on disclosure may be more carefully and narrowly constructed to give substance to the access to information clause in the Constitution and the principles of openness and accountability.

This law is one of thirty on our statute books which are a relic of apartheid and which FXI has called on government to review because they conflict with the freedom of expression and access to information clauses in the Constitution. The use of this Act under these circumstances illustrates how urgent the need for this review is.

Although there may well be defence documentation which is deserving of protection, it is our contention that information relating to the previous government's biochemical warfare programme does not fall into this category. It is for this reason that FXI opposed the in camera hearing of Wouter Basson's bail hearing and fought for two years to have the text of the hearing made public. The state recently settled in this matter despite originally opposing its publication on what FXI believes were rather tenuous grounds given the new political milieu and government's commitment to transparency.

FXI will continue to monitor the situation closely and believes that this incident could lead to a far more embarrassing situation for government than the publication of information on the previous government's biochemical warfare programme.

ISSUED 7 MARCH 1999

(For further information: Laura Pollecutt at the above number during office hours and 083 604 1073 after hours)