Freedom of Expression Diary -- May 1995



May4

The right-wing radio station, Radio Donkerhoek, continues to broadcast to in spite of the fact that police raided their offices a week before for broadcasting without a licence. A spokesman for the station, which is based east of Pretoria, states that they do not recognise the current ANC (African National Congress)-dominated government. He also cites 'each volk's (nation's) right to freedom of speech'. Independent Broadcasting Authority councillor William Lane says in response that he is aware that the station 'had continued to broadcast illegally and defiantly' , and adds that the police are handling the matter.

President Mandela states in Parliament that the Government has an obligation to communicate effectively with the public, but it has no wish to infringe on the rights and independence of the media. He states this in response to widespread criticism of Deputy President Thabo Mbeki's proposal for the South African Broadcasting Corporation (SABC) to offer the Government unedited radio television and radio airtime slots to inform people about their activities. In the same debate, Chairman of the Parliamentary Portfolio Committee on Communications and ANC Member of Parliament, Saki Macozoma states that the Government's communication with the public in its first year of office has been dismal, and that this needs to be recitified as a matter of urgency. He also notes that there is 'nothing wrong or sinister' with its approach to the SABC.

A child molester, Ernest Brenner, is fined R1 000, or one year's imprisonment, for the possession of a pornographic video. This is in addition to a five year sentence (or a R13 000 fine) for indecently assaulting three children. In passing down the sentences, Regional Magistrate J. Wiegand, states that he is sure that the video - depicting group sex - was a contributing factor in the offences, and that it would be appropriate to impose the maximum fine in spite of the fact that the country's pornographic laws are being relaxed.

In representations to the IBA on cross-media ownership, Argus Newspapers appeals to the body to impose minimal restrictions on newspapers having access to radio licences. They argue that even in areas such as Cape Town and Durban, where Argus newspapers dominate the market, there is still less than a 50% household penetration, and the company does not dominate all information sources. "We believe we should not be confined by regulation to technology that in 20 years from now may cause obsolescence in print media which are our only vehicles." He added that new owners, particularly those from disadvantaged backgrounds should be drawn into the media, but that existing newspapers should not be excluded from access to broadcasting resources.

May 9

Legislation to establish a Truth and Reconciliation Commission to investigate human right abuses of the apartheid era is approved in Parliament. The Portfolio Committee on Justice - responsible for drafting the legislation - has been struggling to reach agreement for months on, amongst other things, whether or not applications for amnesty should be heard behind closed doors.

May 13

Zimbabwean police detain the managing director, editor and deputy editor of Zimbabwe's major independent newspaper for reports that President Mugabe had been secretly married. They will be charged for criminal defamation.

May 15

The Iranian Government states that the fatwa, or death sentence against British-based author Salman Rusdhie still stands, but that it will not send assassins to kill him. The Deputy Foreign Minister states that the country's stand on the author '...was clear, and that the fatwa issued by the late Ayatollah Khomeini could be neither revoked nor changed by anybody.'

Police reopen their investigation into the murder of Azanian Peoples' Organisations (AZAPO) Health Desk head Dr. Abu Asvat, after 'fresh evidence comes to light'. Asvat was killed in his surgery in 1989 shortly after examining critically injured teenage activist Stompie Seipei, who was assaulted by a member of Winnie Mandela's soccer team, Jerry Richardson, and later died. Richardson was later convicted for his murder. AZAPO maintains that Asvat was murdered because he had information implicating Mandela in the Seipei killing.

May 15

The three Zimbabwean journalists arrested at the weekend for reporting that President Mugabe has been secretly married are charged with criminal defamation, and released until their trial date. Mugabe, the High Court Justice and the Public Construction Minister - who allegedly officiated at the wedding - have denied the story, and the State has charged that by twice asserting that their reports of Mugabe's covert wedding were true, the journalists are claiming that they are liars.

May 18

The South African Police Service (SAPS) warns that the public could expect a confiscation blitz of adult magazines in the next few weeks, as a result of complaints. This warning follows the recent seizure of magazines including Hustler, Penthouse, Playboy, Eros and Men Only in Piet Retief, Ermelo, Verwoerdburg and Pretoria. A police spokesman says that police will continue confiscating material until changes to the Publications Act have been made.

In a statement, Minister of Home Affairs Mangosuthu Buthelezi says that the Draft Film and Publications Bill will not legalise pornography. "Ironically in some quarters, pornographic material has been perceived to be on the increase and in the wake of this, some persons believe that there has been a complete abandoning of all vestiges of control." He added that the old Act, promulgated in 1974, will remain in force until the new Act commences.

At a meeting of the Union of Radio and Television Networks in Africa at the SABC Headquarters in Auckland Park, President Nelson Mandela states that the Government has an obligation to communicate with the public about the tasks entrusted to it, and that the issue of diversifying ownership and control of the media is high on the agenda.

May 19

The right-wing radio station is one of 16 radio stations granted licences by the Independent Broadcasting Authority. Its licence conditions, however, still have to be finalised. Radio Pretoria became notorious in early 1994 for continuing to broadcast in spite of the fact that temporary licences granted to it had expired.


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