FREEDOM OF EXPRESSION NEWS

18-6-99 : FREEDOM OF EXPRESSION NEWS FROM SA


  

DEFAMATION - On June 14, "The Star" reported that the chief executive officer of the Kempton Park/Metropolitan Council, Johan Leibbrandt, is to sue Gauteng MEC for Local government Sicelo Shiceka for R1,2 million for alleged defamation of character and damages. Leibbrandt claims that Shiceka at a public meeting involving about 1000 residents in Thembisa, had personally linked him to about R5 million in missing money. According to "The Star", this statement was printed in various newspapers. Leibbrandt was suspended from duty in September after the Mokgoatlheng commission of inquiry into allegations of irregularities at the local council was set up. Shiceka allegedly received the commission's report which fully cleared Leibbrandt from any wrong doing on November 30 1998 and only released it on February 2 1999, 65 days later. According to Leibbrandt, this was in direct conflict with the Provincial Commission Act which states that the final report must be released and finalised within 30 days of being received. Leibbrandt believed that this was deliberate because nothing was found against him. He said after been cleared, the council still refused to lift his suspension and charged him with two minor technicalities regarding advertising and tender requirements. He said he intended to prove his innocence. He has been on suspension on full pay for eight months. Spokesperson for Shiceka, Mavi Panyana said the commission's report was not made public because the minister believed it was incomplete and did not contain recommendations. Therefore it was sent back.

DEFAMATION - The former Deputy Defence Minister Ronnie Kasrils sued "The Star" for defamation after the newspaper incorrectly published his photograph as one of the people accused for committing abuses in the ANC camps. The newspaper on October 30 1998 published on its front page a number of portrait photographs of people whom the TRC had found responsible for human rights abuses during the apartheid years. Kasrils photograph was included with the caption " Ronnie Kasrils, Deputy Defence Minister. Among those who committed abuses in ANC camps". The newspaper was incorrect in publishing both the photograph and the caption as the TRC did not in fact refer to Kasrils in that regard. He did not commit abuses in the ANC camps or elsewhere during the apartheid years or at any other time. "The Star" later published a prominent front page apology, including Kasrils' photograph. Kasrils felt that that was not enough in mitigating the embarrassment and damage that had been caused to his good name and reputation. An agreement was reached with the newspaper in which Kasrils directed the newspaper to pay R35 000 to the MK Veterans Trust Fund, publish the settlement statement and pay his taxed legal costs.

FREEDOM OF EXPRESSION - "Sunday Times" on June 13 reported that the Gauteng Education Department and the Human Rights Commission would be approached to probe a Boksburg school which a Belgian exchange pupil, Tine Timmermans, claimed stopped her from making a farewell speech in which she spoke about racism. Sunward Park High asked Timmermans to censor her speech because the school's executive committee felt it would have created tensions where they did not exist. In her speech, she referred to a class in which black and white pupils sat apart. Timmermans agreed to censor the speech but in the end the assembly at which she was due to deliver her speech was not held. The spokesperson for the Gauteng Department of Education Sybilla Hilzinger-Maas said that officials would probably visit the school to investigate. The school's principal Jane Grimm welcomed the investigation.

PRESS FREEDOM - "Mail & Guardian" on June 18 reported that a KwaZulu Natal journalist writing for "The Natal Witness" was branded a liar by a senior provincial ANC politician. Jaspreet Kindra angered ANC premier-designate S'bu Ndebele and the party's official representative Dumisane Makhaye by referring to a leadership battle for the post of ANC provincial chair as ruthless. Ndebele said that the party will meet the paper to discuss Kindra , who he claims "knows nothing about the politics of KwaZulu-Natal and so tells lies to further the aims of others". She said after Ndebele refused to speak to her, she approached Makhaye who she claimed told her to "shut up, that this is not India" and cautioned her not to talk Indian language with her. Kindra has lodged complaints with the Indian High Commission and President Thabo Mbeki's office. She said "I have taken this up because I see it as an attack on me as a person and as an Indian". Kindra has reported on provincial politics for five years and "The Natal Witness" has expressed support for her professionalism and objectivity.

CHILD PORNOGRAPHY - The "Saturday Star" on June 20 reports that the police believe that more and more paedophiles were using chatrooms and websites on the Internet to gain access to young children and the police face an almost impossible task to stem the tide. According to the paper, the police arrested a Pretoria administrative clerk for the possession of about 1000 child porn images he had down loaded while at work. He is the first person in South Africa to face charges of possessing child pornography via the Internet under the new Films and Publications Act. Police officers monitoring the Internet warned that this case and numerous others still under investigation. According to Captain Edward Hutcheons of the Johannesburg Child Protection Unit, police are going to have their work cut out in order to monitor the Internet. Hutcheons said "It is difficult because there are so many websites involved. Then you have to get a search warrant, and then search the guy's computer before you can make an arrest". According to Captain Gerrie Vissser of the Pretoria CPU, the police were making some headway in apprehending child porn traffickers, although international law sometimes provides a stumbling block in their investigations. Vissers said "The problem is that many of the sites were hosted in Japan, so we can't track down the child porn and there were no laws against this type of pornography there". He said that if they find someone in possession they would arrest them.

TELECOMMUNICATIONS - On June 18, "Sowetan" reported that the acceptance by the SA Telecommunications Regulatory Agency of the eight applications vying for the third cellular mobile licence will put Satra in the spotlight. The entry of a third cellular licensee will lead to the expansion of the telecommunications infrastructure in the country. The process of leading to the submission of formal applications started two years ago when Satra was tasked with investigating the feasibility of establishing a third operator. Last July the decision was taken that a third cellular licence would be issued, culminating in the submission of documents by the applications on June 14. Satra chairperson Nape Maepa said they will submit a notice to be published in the Government Gazette, which will present applications for public viewing. The dates for public hearings are in the process of being decided. After the hearings, Satra will make recommendations to the Minister of Posts, Telecommunications and Broadcasting on who should be awarded the licence. Maepa said that Satra will decide either late next month or in early August when to announce the successful bidder. He said the number and volume of documents would have a bearing on the announcement of a successful application.