FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - JANUARY 21 2000

ACCESS TO INFORMATION - "Business Day" reported on January 21 that the African National Congress was pushing ahead with its proposal to grant public bodies access to private information under the Open Democracy Bill. ANC MP Johnny de Lange said that the positions of the ANC study group in Parliament have been supported by Minister Penuell Maduna as the positions of the ANC. De Lange said that all arguments they have put forward in the committee have been justified. The ANC parliamentary caucus on January 20 mandated De Lange to discuss the proposal and two other disputed provisions in the Bill with Maduna, before deciding whether to push ahead with them. Opposition parties on the committee opposed the measure saying that it would give the state licence to pry into the affairs of individuals and companies. They labeled it undesirable and unconstitutional. The Democratic Party said it would make a final decision on its support for the Bill on January 25. However, The Congress of SA Trade Unions, Idasa and the Black Sach backed the ANC. Cosatu's Oupa Bodibe indicated that the union federation backed the proposal for two main reasons: "It will enable the state to intervene to protect people's rights, which is its duty. In that sense it addresses the power imbalance around information, particularly regarding society's poor and disadvantaged and: enabling public bodies to request information did not confer extra powers to the state as claimed by the opposition parties". Bodibe said the public bodies will have to follow the same procedures as everyone else when requesting information. The Bill faces a February 4 deadline, according to the constitution.

ACCESS TO INFORMATION - "The Citizen" reported on January 21 that Health Minister Manto Tshabalala-Msimang had informed the SA Human Rights Commission that pregnant, HIV positive mothers ought to know by June this year what effects the AZT drug would have on them, especially when breast-feeding. The information was contained in Dr Tshabalala-Msimang's response to a complaint lodged with the SAHRC late last year by Dr Costa Gazi. The SAHRC's legal head MC Moodliar told "The Citizen" that Gazi alleged that nothing was being done by the state about the AZT controversy on the safety of the drug for HIV positive pregnant women. Gazi also alleged that it was a contravention of the constitution. Moodliar said according to the Minister, tests were still at a preliminary stage and that the government was in contact with other governments exchanging information. Action by the state included the launching of a special programme at the University of Natal to determine the effects of AZT on HIV positive pregnant women. He added that the SAHRC was assessing whether the steps taken by the Health Department were satisfying the requirements of the constitution regarding the progressive realization of the right to reproductive health care.

DEFAMATION - The "Mail & Guardian" reported on January 14 that Jonty Sandler has attacked the newspaper for its coverage of his case and demanded R5-million in compensation. In a letter to the "M&G", Sandler's lawyers also asked for a retraction and apology for exposing details of Sandler's alleged rape at gunpoint of a security guard at the Himeville Arms Hotel. On January 10, Sandler the former executive director and co-founder of New Africa Investments Limited, appeared in court charged with indecent assault and was released on R20 000 bail. He will stand trial in July. The charge comes more than three months after Sandler allegedly raped a male security guard at gunpoint after the guard refused his offer of R200 for sex. "M&G" said the decision to prosecute Sandler was only taken after the newspaper had written about the tardy approach of the prosecution in the case. Sandler's lawyers claim: "The entire tenor and essence of the article seeks to compromise, prejudice, embarrass and humiliate our client. It contains many factual inaccuracies and is replete with speculative and provocative matter". According to "M&G", Sandler claims he was not given sufficient time to respond to the allegations against him and that his good name and reputation has been damaged by the "M&G".

DEFAMATION - "Sowetan" reported on January 21 that an ANC aligned Krugersdorp mayor was suing an official of the SA National Civic Organisation for R250 000 after the latter allegedly defamed him in a "cash-for-houses" swindle newspaper article. Mayor Stephen Motingoa has instructed the law firm Cheadle Thompson and Hayson to issue summons against Phido Thage, head of Sanco's housing department in Munsiville. Motingoa is jointly suing Caxton publishing company because its "Krugersdorp News" owned newspaper published the article. A spokesperson for the firm confirmed the legal action. The article's headline, photograph, caption and entire contents "are per se defamatory" to Motingoa, according to the summons. The article, published in a paper that is distributed free of charge, appeared last May but the legal action was instituted six months later. Thage told "Sowetan" that he stood by the comments he had made to the reporter but was worried about the "financial implications" of the suit. "Sowetan" said that Thage was also concerned that he had been personally sued although he made the remarks as a Sanco official. He indicated that the community, civic movement and the provincial ANC were supporting him in the matter. Motingoa's lawyers said that no date had yet been set for the hearing.

FREEDOM OF EXPRESSION - "The Citizen" on January 14 reported that South African lawmakers again accommodated some media concerns about legislative inroads into freedom of expression, by amending a controversial clause in the equality Bill. The Promotion of Equality and Prevention of Unfair Discrimination Bill was criticised by several media groups when they appeared before a special committee dealing with the Bill last year. Earlier drafts of the Bill included a section which specifically targeted the media. The section was dropped after vehement opposition from the media groups. The ANC said it did not want the Bill to hinder media reporting. A section in the Bill dealing with the prohibition of unfair discriminatory information was changed to accommodate concerns by, among others, the media. The original section read: "No person may discriminate or broadcast any information, publish or display any advertisement or notice, that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate". The MPs added the following: " Provided that bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest, or publication of any information, advertisement or notice in accordance with Section 16 of the constitution is not precluded by this section". Section 16 of the constitution refers to the right to freedom of expression. However, another section in the Bill remains. Section 8 in a new draft of the Bill still makes it an offence to disseminate "any idea which propounds the racial superiority or inferiority of any person or group, including incitement to or participation in any form of racial violence".

TELECOMMUNICATIONS - "Business Day" on January 20 reported that the communications portfolio committee chairperson Nkenke Kekana said a bill enabling the merger of the Independent Broadcasting Authority and the SA Telecommunications Regulatory Authority would very soon be tabled in parliament. Nkenke said and extensive input from both the broadcasting and telecoms industries would be invited. Debates on the bill would be guided by the International Telecommunications Union's regulatory standards, so it would reflect present and future trends. Kekana added: "We're looking at establishing a dynamic and effective merged body which will ensure that there's a co-ordinated industry regulatory framework and save the state a lot of money. Mandla Langa, the IBA's chairperson, said that the imminent tabling of the bill in parliament would give an indication into possible time frames for the merger, which had been on the cards since 1997. He said that the merger made sense as it would "bring regulatory coherence of the converging broadcasting and telecoms industries". Nape Maepa, Satra's chairperson said he hoped to see the bill following the guiding principles laid down in Allan Darling's report on the proposed communications authority. The report proposed that the merged authority, in exercising regulatory oversight to both sectors, would be governed by the provisions of the Broadcasting Act and Telecommunications Act. Maepa said he hoped the merger "conveniently takes place by the end of this financial year".

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