Press statement

30 August 2002

FXI welcomes the removal of the gagging order in the Iscor Case

The Freedom of Expression Institute in conjunction with the Steel Valley Crisis Committee and the Heinrich Boell Foundation will take international delegates attending the World Summit on Sustainable Development on an "Unsustainable Tour" of Iscor's pollution in Vanderbijl Park. Included in the tour will be members of the European Parliament as well as members of the various Green Parties from across the world.

For over three decades, Iscor has been polluting the land, air and underground water sources of the Steel Valley and other communities adjacent to its Vanderbijl Park steel works, 45 minutes South of Johannesburg. As a result of this pollution, residents suffer from a range of ailments including respiratory complications, skin problems, kidney and heart diseases and cancer.

In mid 2000, the community applied for an interdict in the Johannesburg High Court seeking an order to compel the company to eradicate all sources of pollution. Early this year however, Iscor forced the community to accept a gagging order, which prohibited the members from communicating directly or indirectly with the media about their case against the corporation. Iscor managed to do so by threatening to bring an application for the dismissal of the case if the community did not concede.

Apparently the corporation took advantage of the fact that the community needed more time to conduct environmental tests on the magnitude and effect of the pollution so as to support its application for adequate compensation.

As the FXI has noted previously, this order is a serious violation of the right to freedom of expression because it has unjustifiably abrogated the right of the community to impart and receive information and ideas. It has also denied the public its constitutional right to information regarding the matters in dispute in Vanderbijl Park.

Similarly, due to the overly broad and all encompassing nature of the order, there has been a notable 'chilling effect' on the ability of the media to investigate and inform the public on related aspects of the environmental pollution as well as developments around the case. It is not surprising therefore that since February when the order was issued, media reports on the case have virtually reduced to trickle.

The aim of this tour will be to highlight the plight of the affected community and for delegates to get a first hand account of the environmental disaster fostered by Iscor. They will also visit and hold discussions with the community members regarding their problems. The tour will take place on Sunday, 1st September 2002, starting from 09:00am outside Gate No. 5 at Nasrec. It will culminate in a protest march to Iscor's plant in the afternoon. Local and international media is especially invited to cover the event. A pamphlet with details of the tour is attached.

For more information please contact Simon Kimani Ndung'u (083 733 2675), or Jane Duncan (082 786 3600) of the FXI, or Samson Mokoena (072 456 2248) of the Steel Valley Crisis Committee.