FREEDOM OF EXPRESSION NEWS

6-12-99 : FREEDOM OF EXPRESSION NEWS FROM SA


  

CORRUPTION - "City Press" on December 5 reported that eight magistrates, all of them in charge of their magisterial districts, two senior clerks and two contractors have been summoned by the Heath Special Investigations Unit to account for alleged corruption to the value of more than R38 million. According to "City Press", another 30 chief magistrates would be summoned early in the new. The alleged corruption concerns improvements made to magisterial offices and state houses. All the improvements were made between January 1 1997 and October 2 1998. Guy Rich, spokesperson of the Heath Unit confirmed that the people had been summoned and summons would be handed to them in person. In KwaZulu-Natal, corruption was allegedly committed at nine places, in the Northern Province at five places, in North West at fourteen and in the Eastern Cape and Mpumalanga at six places each.

LEGISLATION - "The Citizen" on November 24 reported that freedom of expression took centre stage in Parliament when MPs dealing with the proposed anti-discrimination legislation faced calls to uphold that right, but also to criminalise hate speech. The calls were made during the second day of public hearings into the Equality Bill. Solly Kessler of the SA Jewish Board of Deputies told MPs that his organisation had no problem with limiting freedom of expression to include hate speech. "The Jewish people know what discrimination is, what racial hatred is and what racial hatred is. We take the line that speech is not as innocent as some people would like to believe," Kessler said. He appealed to MPs to widen the prohibition to include not only hate speech that caused imminent violence, but that which constituted incitement to cause harm. Criminalising hate speech and making it punishable by law would also be in line with international conventions," Kessler said. However, ANC MP Dr Rob Davies said that he had sympathy for Kessler's view. Committee chairperson Mohseen Moosa said: "We need to pass legislation to outlaw hate speech". In its submission, FXI said that to ban hate speech would not result in less racism and pointed to Germany where Nazi regalia and mementos are banned, yet there has been a rise in neo-Nazism.

Meanwhile, "The Star" on November 24 reported that the parliamentary committee dealing with the proposed anti-discrimination legislation has called on media organisations to suggest amendments to the bill to safeguard freedom of speech. Mohseen Moosa, chairperson of the special committee on the Equality Bill gave his assurance that Parliament did not intend to limit freedom of the media. He made his comments after representatives of several media organisations had expressed concern in oral submissions before the committee that the bill would place unacceptable limits on freedom of expression and lead to censorship of the media. The bill as it stands prohibits the publication of information that indicates an intention to discriminate, and language calculated to incite racial hatred or violence. It also prohibits the use of hurtful and abusive words, including "kaffir", "kaffirmeid", "coolie" and "hotnot". According to Moosa, there did not appear to be a fundamental difference between the views of the media groups and the committee members on freedom of expression. The differences lay in the frame work set up by the bill to limit that freedom in some instances, and the degree to which it could be limited. "I don't think any member of this committee will want to limit the freedom of the media to report and disseminate information," Moosa said.

The Bill currently prohibits the dissemination of any propaganda or idea suggesting the racial superiority or inferiority of any person or group, including incitement to, or participation in, any form of racial violence.

DEMONSTRATIONS - African Eye News Service on December 1 reported that six Mpumalanga women who were arrested on November 22 for stripping naked along a road in protest against a Mpumalanga chief have laid charges against two local farmers. The women were part of a group of 28 women and four children arrested when they marched along the main road of Buffelspruit. They were protesting against a local chief who they said allowed two cattle farmers to graze their animals on land that the women bought eight years ago on which to grow maize. The marchers were charged with public indecency and protesting without authority. They were arrested and released on R500 bail each on November 27 after the community rallied to their support and raised R14 000 for their bail. Investigating officer Inspector Robert Sibiya said the women laid charges of malicious damage to property against the farmers on November 29. The women claimed the farmers broke down their fences so that cattle could enter the fields and eat the young maize shoots.

MEDIA DIVERSITY - "City Press" on November 29 reported that lack of communication with commuters saw Wits Metrorail commuter services marketing department establishing a radio station. Marketing and communication's manager Bintu Petsana said she identified the problem once she got involved with the commuters. According to Petsana, the effort to establish a communications means between her office and the commuters started last year when she released a tender for companies to come up with ideas and prove that they will be able to achieve her goal. After many companies had being interviewed and also submitted their proposals, she was highly impressed by presentations made by Taylormade Media. "I felt this was what I needed to develop our company and we started interacting a lot with Taylormade people who showed us dramatic progress with a radio station in place. After a few flights on air, we recommended that they get their acts together". Petsana said Taylormade moved into their new headquarters at Sunninghill where they are to broadcast the Metrorail news. Wayne Wallace, the new Commuter FM technical manager, said there was a room for expansion. He said Linda Station's marketing division was approaching other public transport services with a view to starting similar communications services to the Commuter FM.

WHISTLE-BLOWING - "City Press" on November 28 reported that correctional services staff who blew the whistle on disgraced former commissioner Khulekani Sithole are approaching the Human Rights Commission to intervene in what they claim is victimisation by the Department. The move follows the dismissal of Correctional Staff Forum chairperson Robert Tshabalala recently and that of secretary Sthembiso Mchunu. Executive members of the CSF say they are being punished for exposing mismanagement and corruption in the department and that despite Sithole's resignation, irregularities continue. Meanwhile, the Department of Public Service and Administration has begun an audit of management in the Department of Correctional Services. According to "City Press" the CSF submission to the HRC says forum leaders are being denied their human rights and are the victims of unprocedural transfers, interrogation by senior officials, suspensions and other disciplinary measures. Two meetings between CSF leaders and Correctional Services Minister Ben Skosana took place in October. CSF requested a moratorium on appointments and transfers as well as the suspension of disciplinary inquiries pending the outcome of investigations by Parliament and the DPSA audit. Correctional services spokesperson Russel Mamabolo confirmed that allegations of victimisation were made during a meeting earlier in November. He said the CSF was advised to come forward with details so that their allegations could be investigated. Mamabolo said Skhosana had not assured Tshabalala that disciplinary proceedings against the forum chairperson would be halted and that the charges Tshabalala faced had nothing to do with Sithole but were linked to bringing the department into disrepute. Tshabalala was suspended after the launch of the CSF in July this year and charged with inciting and recruiting members and misusing his position in the provincial office of labour relations by using privileged information to bring the department into disrepute. Mchunu was dismissed for getting a typist to type forum documents and for saying the Department was in turmoil. Several other forum leaders face disciplinary hearings and transfers.

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