FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - JANUARY 18 2001

BROADCASTING COMPLAINTS - The Broadcasting Complaints Commission of SA on January 11 justified an e.tv news broadcast stating that former president spokesperson Parks Mankahlana had died of Aids related disease. "The Star" reported that the commission had dismissed advocate Mongezi Tshongweni's complaint about the October 26 broadcast, in which ANC sources were quoted as saying Mankahlana had died of an Aids related disease. Tshongweni filed a complaint, asking for e.tv to be censured for its lack of humanity in quoting faceless sources on the cause of Mankahlana's death. Tshongweni argued that the report showed no respect for Mankahlana's privacy and dignity, or for his family's grief and was "a clear example of media opportunism". The commission said that Mankahlana's privacy had not been invaded. "A dead person had no right to privacy or dignity in law, and the attack was not aimed, and was not understood to be aimed at Mankahlana himself," the commission ruled. The commission added that Mankahlana was a public figure who as President Thabo Mbeki's spokesperson, participated in the debate about the probable cause of Aids. He had publicly upheld Mbekis' questioning of the accepted theory that HIV causes Aids. The commission held that although many would find the news broadcast's content to be "in questionable taste", Mankahlana's public life and participation in the Aids debate justified the broadcast. The commission said that e.tv had been willing to confirm under oath that ANC sources had linked Mankahlana's death to Aids. It also dismissed Tshongweni's claim that e.tv had violated Mankahlana's right to doctor-patient privacy, saying that there was no evidence that the information used had come from a doctor.

MEDIA FREEDOM - "The Citizen" on January 12 reported that the Forum of Black Journalists condemned the ANC Women's League President Winnie Mandela following her threats to two journalists from the Independent Newspapers. She made telephone threats after it was reported that she led a bizarre late night raid on a Yeoville pensioner where she accused the pensioner of two stolen television sets and a video recorder. She had allegedly claimed that the goods were stolen from the home of her younger daughter Zinzi Hlongwane Mandela. The calls to the two reporters, Siyabonga Mkhwanazi of "The Star" and Lumka Oliphant of the "Saturday Star", were made on the eve of a top level gathering of ANC leaders. According to Oliphant, "she phoned and asked me who do I think I was to write crap about her. Mkhwanazi said that Mandela called him and accused him of writing a trash story about her. She went further and threatened him, saying "I'll teach you a lesson". Mandela had admitted to making the calls, but denied ever threatening the reporters.

FBJ secretary-general Oupa Ngwenya said that often when leaders lost their temper and inadvertently made threats, blind supporters felt obliged to "spring into punitive action" which by extension invited condemnation of the offices of their leaders. Ngwenya argued that the right to reply remained firmly at the disposal of leaders to exercise instead of making threats with tragic consequences."The Star" deputy editor and acting editor of the "Saturday Star" Mathatha Tsedu also condemned the threats. "If Mandela wants to stop the writing of stories that she feels do not reflect well on her, she should stop behaving in a manner that gives rise to such reports", Tsedu said.

PRINT MEDIA - "Business Day" on January 12 reported that print media houses were bracing themselves for hefty price increases of 20 to 30 percent when print contracts come up for renegotiation for the next twelve months. SA's three English language newspaper houses, Times Media, the Independent Group and Caxton, consume between 120 000 and 150 000 tons of newsprint a year. New Africa Publishers MD Mike Tissong, whose company publishes the mass circulation "Sowetan" and "Sunday World", said the increases would inflict long term commercial damage to newspapers. "Newspapers are put under severe pressure when the cost base goes up. The industry does not need external pressures such as these and government's suggestion to further tax the media R100m over five years through its Media Development and Diversity Agency,"said Tissong.

TELECOMMUNICATIONS - On January 15 "Sowetan" reported that the government has committed itself to releasing its long awaited policy on telecommunications by mid-March. According to Andile Ngcaba, director-general of the Department of Communications, this followed fears by telecommunications observers that a delay in the publication of the government's stance on the sector could derail plans to list telecommunications giant Telkom by the end of 2001. Ngcaba said that ht government would ensure its policy guidelines and regulatory environment conditions were in place long before the listing. Some have warned that a delay in the listing would damage credibility in South Africa's economy and privatisation process and hamper growth. Policy directives were crucial to the Telkom listing as they would outline the regulatory environment and give investors an idea of competition issues, such as how many rivals Telkom would face, when they would be licensed and how much of the market would be liberalised when Telkom's monopoly ends.

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