The Freedom of Expression Institute, the South African National Editors Forum ('SANEF'), the South African Chapter of the Media Institute of Southern Africa ('MISA-SA') and the Media Workers Association of South Africa ('MWASA') appeals to all media organizations in South Africa to support shall shortly be launching an amicus curiae application in a civil mattercase between Imvume Management and the Mail and Guardian newspaper. The FXI, SANEF, MISA-SA and MWASA are jointly seeking to be admitted as amici curiae in the above matter. Imvume has refused permission / consent for leave to intervene on the basis that the amicus will not add anything new to the case, terming theportraying the amici’s application as merely duplication of the Mail and Guardian’s submissions and an 'vexacious'.unnecessary delay of the matter.

To this end, the FXI, SANEF, MISA-SA and MWASA requestshall be approaching individual media organizations to supply a confirmatory affidavit support ing the necessity of protecting confidential sources, and appealing to the Court to admit the four organizations as amicus applicants. The organizations seek to raise a constitutional point relating to the right of freedom of expression, namely that the protection of this right will be impossible without journalists being afforded a right to protect their confidential sources of information.

Imvume has applied to the High Court to compel the newspaper Mail & Guardian to reveal its confidential sources in its reporting on the controversial 'Oilgate' matter. The FXI, SANEF, MISA-SA and MWASA believe that if the newspaper were to be compelled to do so, it will have serious implications for the future of investigative reporting in South Africa as, in future, sources may be reluctant to come forward with information on instances of corruption, mismanagement or other forms of abuse of power. In the process, information that should reach the public domain through the media will be prevented from doing so, with profoundly negative implications for freedom of expression.
expression. Furthermore, journalists would face the real danger of being hauled before a court at the whim of any individual or company that wants to ‘unmask’ a source. Journalists who conscientiously object to reveal their sources in court would then be liable to contempt proceedings and possible imprisonment.

The FXI, MISA-SA, SANEF and MWASA will also be organizing a workshop onthe 19 September 2005, to discuss developing a more enduring solution to the problem of protection of journalistic sources, which should bolster a legal submission on an amendment to the Criminal Procedure Act. More details about this workshop will be released shortly.