FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - March 6 1998 (For the period February 20 to March 5 1998)
COMMUNITY RADIO - The controversial Johannesburg-based Muslim radio station, Radio Islam, on March 5, made an about-turn on its policy of not allowing women on air by agreeing to have women on air within a month and including women in management positions and as researchers. Radio Islam’s change in policy came during its public hearing into its application for a one year temporary broadcasting licence. The station is currently broadcasting on a 30-day special-events licence, which expires in a weeks time. In December last year, the Independent Broadcasting Authority (IBA) found the station guilty of having violated its licence conditions by refusing to allow women to speak on air. In its latest application, the station is also applying for a change in its licence conditions by way of an amendment to the community of interest the station is meant to target. Initially, the community of interest meant to be targeted by Radio Islam was defined as the "Islamic community within its broadcasting area", but the station wants this replaced by: "Muslims who adhere and accept the Islamic rulings and interpretations of the Jamiatul Ulama of Transvaal". Among those opposing the station’s application because of its proposed change to its licence conditions are the Freedom of Expression Institute (FXI), the Commission on Gender Equality and the community organisation, YIELD, which initially lodged the complaint with the IBA concerning the station’s policy of not allowing women on air.
GOVERNMENT INFORMATION - The cabinet on March 4 approved a proposal to develop a national information and communication technology strategy that has as one of its aims the improvement of people’s access to government information. The strategy is also being seen as a key step towards creating a paperless, moneyless and less bureaucratic society. Posts, Telecommunications and Broadcasting Minister Jay Naidoo said the key elements of the strategy included offering a "one-stop shop" to the public through the use of smart cards and public information terminals. The public ultimately would be able to obtain identity documents and drivers’ licences as well as information on tenders, health and welfare services at these centres. Naidoo added that the use of information technology would allow government to offer an efficient and effective standardised service to citizens in all areas on a 24-hour basis. This would be done through the introduction of information terminals and community information centres.
DEFAMATION - The Democratic Party (DP) on March 3 said it would seek legal advice following a statement by Health Minister Nkosazana Zuma that the DP wanted African National Congress (ANC) supporters to "all die of AIDS". Zuma’s remarks, which were reported in the media, followed the DP’s call for a full investigation by the Public Protector into alleged government or ANC involvement in the company responsible for the banned AIDS drug cure, virodene. A DP spokesman described Zuma’s remarks as "the most defamatory thing anybody could say" adding that the party was absolutely serious about investigating legal redress.
BOOKS - The Freedom of Expression Institute (FXI) on February 26 launched its book "Media and Democracy in South Africa" at a function in Johannesburg. The book, which was published jointly by the FXI and the Human Sciences Research Council, was edited by Jane Duncan, the FXI’s education, training and publications co-ordinator, and Mandla Seleoane, the deputy-chairperson of the FXI. The book, which was written by several contributors, stemmed from a conference held in November 1996 and which looked at various issues pertaining to the media in South Africa. In the keynote address delivered at the launch, Pan Africanist Congress MP Patricia de Lille argued that South Africa as a nation had yet to give life and form to the principles enshrined in our Bill of Rights, including that of freedom of expression. "At the moment we are not really very sure about the extent and degree of freedom or accountability of these rights. ...We need to begin to clear the waters so that we can be certain of how free we truly are," she said. Central to this was understanding the implications of the limitations clause in the Constitution. "How far is far enough? What is too far?" she said. De Lille cautioned against the limitations clause being applied blindly to the rights guaranteed in the Bill of Rights as a pretext to prevent the abuse of these rights. She said: "The right to freedom of religion, belief and opinion is intrinsically tied to the right of freedom of expression and freedom of association. Inevitably, then, encroachment on any of these rights implies a systematic erosion of a host of other rights. While some argue for the necessity of a Limitation of Rights Clause to enable some sort of control, others present an equally strong argument against the clause’s capacity to erode existing rights. No doubt both arguments speak to the propensity for abuse. Yes, we need to prevent abuse, but how will we know when the limitations we set are in themselves abusive?"
INDEPENDENT BROADCASTING - The parliamentary portfolio committee on communications on February 18 rejected a plea by Broadcasting and Telecommunications Minister Jay Naidoo to extend the term of office of three Independent Broadcasting Authority (IBA) councillors by one year. The committee based its decision on a legal opinion which showed that current legislation did not allow for the extension of the terms of the office of the councillors, which expire at the end of March. The immediate implication of the committee’s decision is that the IBA will loose the three councillors in the middle of its process of awarding the country’s first ever private television licence. Minister Naidoo warned that this could affect continuity, industry stability and investor confidence.
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