ACCESS TO INFORMATION - "The Star" on September 15 reported that the implemation of the Promotion of Access to Information Act, which regulates access to information held by the state and private bodies, had been postponed indefinitely. The key elements of the act were to come into effect on September 15, but may be implemented only next year, because of delays in the preparation of regulations. The act was one of the three laws required by the constitution to bolster fundamental rights. It gives effect to the constitutionally enshrined right of access to information. Minister in the office of the President Essop Pahad assured the media in Parliament that the government was ready for the implementation of the act, which required the appointment of information officers in every government department to deal with information requests. The Department of Justice said unforseen problems had made the delay inevitable. Eric Matabata, Justice Department official said that the main obstacles were the training of information officials and the drafting or procedural rules for magistrate's courts designated to deal with disputes arising from the act. He said that the department was also awaiting Treasury approval for the fees that departments will be allowed to charge to make copies of requested records, while regulations under the act still had to be finalised. Matabata said the final regulations would be published in January and would be submitted to the justice portfolio committee for scrutiny before the act could be implemented.

COMMUNITY BROADCASTING - The National Community Radio Forum and the Freedom of Expression Institute on September 20 concluded a two-day series of actions to highlight slowness in the licencing of community radio stations. Stations are being licenced by the Independent Communications Authority of South Africa. On September 19, the NCRF and the FXI staged a demonstration at Parliament. The demonstration involved the handing over of a petition to the Chairperson of the Portfolio Committee on Communications, Nkenke Kekana. Kekana was accompanied by the ICASA Councillors, who were attending a meeting with the Portfolio Committee at the time. On September 20, the two organisations held a further demonstration at the ICASA offices in Sandton. The petition was handed over to Neels Smuts, in his capacity as Councillor and Acting Chief Executive Officer of ICASA. After having received the petition, Smuts indicated that community radio stations could expect a response to the issues raised in the petition within a month. NCRF and the FXI called on ICASA to honour its commitment as soon as possible to respond to the proposals and objections to the slowness of the licencing process, which was leading to the disintegration of many stations who have put in licence applications

FREEDOM OF EXPRESSION - "Sowetan" on September 14 reported that former New National Party Eastern Cape leader Manie Schoeman defected to the African National Congress after being kicked out of NNP on September 12. This follows criticism Schoeman expressed about the formation of the Democratic Alliance between the NNP and Democratic. He was found guilty by its federal council of breaching party discipline. NNP deputy executive director Darryl Swanepoel said a commission of inquiry would be appointed in terms of the party's constitution to make a recommendation to the federal council on Schoeman's continued membership. Meanwhile, suspended leader says DA is too 'pale'. He said that he could not support the Democratic Alliance while its top leadership was as "pale" (white) as it was. Addressing the Press Gallery Association in Parliament, he said that were DA chairman Joe Seremane to have been the leader rather than Tony Leon, it would have been "an entirely different situation". Seremane could have been appointed for a period of, say, two years, while a new policy and set of principles was formulated, and these could then have been put to the DA's constituent parts.

MEDIA FREEDOM - "The Star" on September 20 said that an episode of Felicia Mabuza-Suttle's television talk show had been withdrawn at the last minute on September 19 after objections from the Western Cape directorate of public prosecution. This was after a five year old girl recognised the man she had accused of sexually assaulting her in a clip promoting the programme, entitled "Wrongfully Accused", on e.tv. The youngster ran to tell her mother, who alerted the authorities, who stopped the programme before its 9pm screening. Western Cape director of public prosecutions Frank Kahn said that certain details in the show exposed the identity of the young girl, who was four when the abuse was said to have been taken place. The show was to feature several cases where people , who claimed they had been accused of crimes they did not commit, protested their innocence. However, in light of the fact that some of the cases discussed in the were still pending, Kahn asked the station to withdraw the show. e.tv spokesperson Kanthan Pillay said that the station was willing to edit certain parts of the programme, about which Kahn had raised concerns, but this could not be completed in time for the show. She said the station would screen the re-edited show at a later stage. Meanwhile, Mabuza-Suttle said that the show was done responsibly, with good intentions and she was not fighting with the law. She said that she was not aware of anybody who participated in the show whose case was still pending. She said that the problem was that some people did not know that if cases were sub judice, they should not be discussed outside court.

Ends