FREEDOM OF EXPRESSION NEWS

11-8-2000 : Freedom of Expression News from SA


  

WHISTLE-BLOWING- "The Sunday World" on August 6 reported that two soldiers held at the Grootvlei maximum security prison in Bloemfontein, had accused the South African National Defence Force of victimising them, after they reported looting at the Lesotho Defence Force base in Maseru two years ago. Tseko Mokubung and Rabagolo Mosianedi claim that they were victimised, charged and finally dismissed from the SANDF on May 15 after revealing that officers had stolen weapons and money at the Makoanyane base in 1999. Mokubung and Mosianedi claim that they were charged after speaking to Mosioa Lekota, the Defence Minister during his visit to Tempe on February 25. Lekota instituted an inquiry. Major Bafana Nxumalo, the SANDF spokesperson in Pretoria said Mokubung and Mosianedi were in custody for disobeying lawful commands. Mokubung was sentenced to eight months, Mosianedi to 12 months. The two privates had been found guilty on 14 charges for a series of incidents in Lesotho and South Africa at the time of Operation Boleas, undertaken in September 1998 to crush a rebellion on the Lesotho Defence Force.

CORRUPTION - "The Star" on August 3 reported that five Sandton licensing officers had appeared in the Wynberg Magistrate's Court on charges of fraud and corruption and another 11 were arrested on similar charges. The arrests follow the uncovering of a huge scam which involved the issuing of illegal roadworthy certificates. The Johannesburg licencing department, in conjunction with the Department of Transport, discovered the fraud through the Natis computer system. The fraudulent certificates were being issued by way of illegal transactions involving deceased estates. It has been estimated that about 80% of Greater Johannesburg licensing department staff were involved. In recent months, "The Star" has exposed numerous cases of bribery and corruption in the traffic department. Among others, officers were not only pocketing the money, but were holding back warrants of arrest for up to two years, believing that motorists concerned would by that time have thrown their receipts away. Paid up motorists would then find themselves with outstanding warrants of arrest and also fines for contempt of court.

JOURNALISTS - "Saturday Star" on August 5 reported that the Parliament's watchdog committee on intelligence wanted incisive intervention by intelligence inspector-general Fazel Randera following reports that Defence Intelligence had tried to recruit and co-opt journalists. The joint standing committee on intelligence chairperson Nosiviwe Mapisa-Nqakula on August 4 referred the matter for full investigation to Randera's office. Mapisa-Nqakula said that the committee had asked Randera to conduct his inquiry openly, so that maximum transparency was observed, as the allegations had attracted intense public interest. She said that while the committee did not want to prejudge the matter, DI would have violated its legal mandate if indeed it was recruiting anyone, including journalists, for covert purposes. Further action would be determined by Randera's recommendations. FXI and SA National Editors' Forum had earlier slammed the DI for recruiting journalists as spies in exchange for tip-offs for news articles. FXI called upon the government to acknowledge the independence of the media and the need for journalists to remain distant from the intelligence agencies. Sanef called on the acting Minister of Intelligence, Penuel Maduna to discipline the instigators.

Meanwhile, "The Citizen" reported that Christopher Theunissen of Unisa's department of administrative studies is saying that the practise by intelligence services to approach and utilise journalists as sources of intelligence, should not necessarily be regarded as unethical. "It is a practise that has been, and is, commonplace throughout the world and is by no means unique to South Africa. Journalists by virtue of their craft are uniquely placed to gather intelligence. Theunissen said that ethical issues were, however, a factor when intelligence services tried to set agendas or influence public opinion via well placed journalists in their employ. It was the responsibility of those in journalism to follow ethical and professional codes of conduct, and refrain from taking actions that may compromise their integrity as journalists and that of the profession as a whole.

MEDIA AND GOVERNMENT - "The Star" on August 8 reported that the Independent Communications Authority of SA was uneasy about the government's powerful role in the restructuring of the telecommunications industry. According to Icasa chairperson, Mandla Langa, Icasa, a new body formed with the merger of the Independent Broadcasting Authority and the SA Telecommunications Regulatory Authority, has far less independence from the minister of telecommunications than was granted to the IBA under IBA Act or under the Broadcasting Act. Langa, told the discussion panel at the Law and Transformation Conference that the regulator would have liked less government involvement in the telecommunications industry. "I would prefer an independent body to drive the restructuring of state assets. Besides my reservations with the current regulations in telecommunications, I do not want to discuss the question of the Telecommunications Act as this may well be one of the matters the court considers in forthcoming review proceedings. However, we welcome jurisprudence in this regard. This does not mean that we welcome regulation through litigation. Court proceedings are costly and tie up valuable human resources which in turn impact on our ability to regulate efficiently ," Langa said. "But we need clarity on certain contradictory provisions as contained in the enabling and underlying statutes". Justine White, senior part time lawyer at Wits School of Law, said that the Telecommunications Act provided that the executive, particularly the minister, played a critical role in all aspects of the industry, including a direct and active role in the awarding of certain telecommunication-service licences. Unlike the IBA Act, this act does not circumscribe the content of policy directions, provided that they are consistent with the objectives of the act.

FREEDOM OF EXPRESSION - "Mail & Guardian" on August 11 reported that the SA Communist Party had instituted disciplinary proceedings against one of its members Dale McKinley, for bringing the party and its alliance partners into disrepute. McKinley is alleged to have publicly attacked and questioned the bona fides and integrity of the SACP and its leaders, without seeking to raise these matters in the structures or publications of the organisation. Given the severity of the charges, he faces suspension, even expulsion from the party. The charges stem from a series of articles written by McKinley in his personal capacity that were published in several newspapers including the "M&G". According to the newspaper, all indications were that the party's major grievances were related to an article penned by McKinley for the "M&G". The article broached whether the ANC alliance had betrayed its core socialist values, in particular a commitment to redistribute wealth, by becoming a slave to capitalism. What appeared to have been the main point of contention with the SACP leadership is McKinley's implication that former revolutionaries and trade unionists have now themselves joined the ranks of the "capitalism-with-a-human-face club". Although the charge sheet was drawn up by the SACP, of which McKinley is a member, it is understood the disciplinary inquiry stems more from the writer's criticism of the ruling ANC than the SACP itself. McKinley's article was an extrapolation of ideas he advanced in a book he authored, entitled "The ANC and the Liberation Struggle". The book was given wide press coverage following its release in 1997. Insiders have questioned why the sentiments expressed in the book three years ago were not subjected to a similar lashing by the SACP. FXI fails to understand why action is being taken now when the material contained in the article has been in the public arena for some time and why the SACP is bringing disciplinary proceedings for statements made about ANC and COSATU, which are separate and discrete organisations with their own constitutions and identities. The actions of the SACP "do nothing to inspire either a culture of media freedom or of critical debate," FXI said.

Ends