FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - APRIL 3 1988

GOVERNMENT INFORMATION - The "Mail & Guardian" newspaper reported on March 27 that Public Enterprises Minister Stella Sigcau was suppressing information that allegedly showed evidence of fraud in the state arms manufacturer, Denel. The information could also force the former chief of Denel, Johan Alberts, to pay back part of his R18-million package he received on his retirement last year. Alberts’ package was based on a deal negotiated with the former minister of defence, Magnus Malan, which allowed him to be paid out as if he we 65 years old. However, according to the M&G report, Alberts could be forced to pay back the state’s contribution to his pension should the government discover evidence of fraud during his tenure. The M&G went on to say that a massive forensic audit into Denel’s business dealings since 1994, which was commissioned by Sigcau last year, had uncovered evidence of fraudulent deals which could be sufficient to prompt a commission of inquiry or a referral to the public protector. It could also give the government sufficient ammunition to sue Alberts for the states contribution to his retirement package. However, the newspaper alleged that Sigcau was doing her best to prevent the audit’s findings from being made public. Sigcau apparently initially denied an audit had taken place following questions from the M&G. The newspaper reported further that Sigcau had issued an gagging order to Denel to stop senior employees from responding to questions.

COMMERCIAL SPEECH - An anti-abortion group, Prolife, may resort to the Advertising Standards Authority (ASA) after taken strong exception to the latest advertisement for Sissy Boy jeans. The 3-page ad, which appears in the April edition of "Cosmopolitan" magazine, shows a young woman in Sissy Boy jeans and in the early stages of pregnancy, with several "choices" and "consequences" outlined in a flow chart on two pages. Depicting two choices facing the young women, "to be" or "not to be", an arrow from the words "to be" leads to a flow chart on the next page, with the first option being "marry the father" or "stay single". An arrow from "not to be" leads to the options "tell the father you ended the pregnancy" or "don’t tell the father". Illustrating the consequences of these various "choices", the flow chart goes on to outline various issues: deal with quitting work to look after the baby; struggling as a single mother and breadwinner; considering a loveless marriage - to a well-off man you’ve just met - because of the strain of single parenting; going for adoption; and being beaten up by the would-be father after telling him about the abortion. According to a report in the "Saturday Star", Prolife intends raising objections to the ad with ASA because it deals with abortion issues superficially and does not contribute to a real understanding of abortion as many important issues and possible dangers are not even hinted at. However, according to the agency responsible for the ad, the ad achieved its aim of dramatising and raising awareness of the monumental decisions facing young people today, and makes the point that the consequences are far-reaching and it is therefore best to make considered decisions. The agency has vowed to continue to raise subjects that are topical and controversial among youth - its target market - in future. This is not the first time that a Sissy Boy’s advert has created controversy. Earlier this year, the company ran an ad showing a young woman with the rave drug ecstasy on her tongue and faced with two choices, "spit" or "swallow". While one drug rehabilitation centre came out in defence of the ad, saying it was responsible enough to show the dangers of drug taking, including the fact that suicide was a reality under the "swallow" option. However, another drug rehabilitation centre lashed out at the ad, saying it was tasteless and lacking regard for societal norms, while also glamourising the use of drugs. The ad appeared in two different magazines in March.

GOVERNMENT & MEDIA - Deputy President Thabo Mbeki on March 28 continued with the ruling African National Congress’s (ANC) tirade against the media, lumping the media with those he regarded as the enemies of the ANC. Speaking in his capacity as ANC president at a special congress of the National Union of Mineworkers, Mbeki accused the media of dwelling on negative things and distorting developments in the country. "You will have known that, like the beast to which the possibility to understand the concept of shared future is beyond the power of its mind and therefore its capacity to act for other than selfish ends, the enemies of change sleep neither at night nor during the day," he said. Referring to criticism of the ANC for having failed to deliver on its election promises, Mbeki said the media could not be relied upon to disseminate information on the ANC’s successes. "Our enemies want to deny that any of this has happened and if this does not succeed, they try their best to hide the truth both from ourselves and the rest of the world," he said.

INDEPENDENT BROADCASTING - A new era in broadcasting in South Africa was ushered in on March 30 when the Independent Broadcasting Authority (IBA) announced the winner of the first free-to-air television licence. The licence was awarded to Midi Television, which is 80% owned by several black South African consortiums, while 20% of the shares are held by US entertainment giant Time Warner. Midi TV said it hoped to go on air by October 1, with a 27% local content quota within its first year. It said it would out source all local content productions, apart from news and current affairs. The awarding of the licence to Midi TV was not without its controversy, and already three of the losing bidders have indicated that they may consider legal action to challenge the IBA’s decision. Among the allegations the unsuccessful bidders have raised is that the Midi consortium contravened the IBA Act, which requires full disclosure on business plans and share holdings at the time of the application. They allege that Midi changed its business plan and introduced new shareholders at the hearings on its application. Other allegations have also surfaced of last minute political intervention and improper pressure applied to the IBA to award the licence to Midi. A court challenge to the decision will not result in the decision being reversed. However, the courts could find that the IBA did not properly apply its mind to the application and order that the entire process be restarted. In a statement issued on March 30, the Freedom of Expression Institute (FXI) applauded the IBA for meeting deadline for the awarding of the licence, despite various obstacles, including financial insecurities. The FXI also congratulated Midi TV and said it was looking forward to a new era in which the public broadcaster would no longer have a monopoly on open viewing.

ACCESS TO INFORMATION/PRIVACY - Former apartheid-era state president, PW Botha, has lodged a complaint with the South African Medical and Dental Council (SAMDC) against a medical expert for disclosing confidential information about his medical condition to the Truth and Reconciliation Commission (TRC). The complaint of unethical conducted is directed against Prof Derek Philcox, the head of the Groote Schuur Hospital’s neurology department. Philcox was a member of the medical team that examined Both when he had a stroke in 1989. He, along with a fellow doctor, Kay de Villiers, submitted an affidavit to the TRC on March 30 appealing for it to withdraw its charge of contempt against Both on the grounds that he was medically unfit to stand trial. Both is currently on trial for charges of contempt after failing to obey a subpoena to appear before the TRC. Botha’s attorney said his client believed it to be unethical for Philcox to have disclosed the information gleaned from his examination without Botha’s permission. To do so breached the confidential patient-doctor relationship. Botha requested the SAMDC to investigate the matter.

PUBLIC BROADCASTING - The last of the former government-financed homeland radio stations, Radio Thohoyandou in the Northern Province, was closed down on April 1 following its integration into the South African Broadcasting Corporation (SABC). The station, which was part of the nominally-independent Venda homeland, had been on air for 20 years. At one time it was accused of being a mouthpiece of the apartheid government. A SABC spokesperson said rising costs had made it necessary to centralise Venda language broadcasts with other SABC regional services. The spokesperson said further that only a handful of the station’s 64 staff would remain with the SABC, while other had accepted retrenchment packages.

TELECOMMUNICATIONS - The Democratic Party (DP) has asked both the Auditor-General and the Public Protector to investigate alleged financial and other irregularities in the South African Telecommunications Regulatory Authority (SATRA). SATRA is responsible for regulating the entire telecommunications industry in the country, including the issuing of licences for the various operators in the industry. The telecommunications ministry is currently proposing that the body be merged with the Independent Broadcasting Authority (IBA). A DP spokesperson said: "It is important that SATRA like its broadcasting counterpart, the IBA - which was rocked by financial scandal last year - be above suspicion of any financial irregularity and of susceptibility to any undue influence". The DP, however, declined to comment further on the nature of the material it had uncovered on SATRA.

PUBLIC BROADCASTING - The South African Broadcasting Corporation (SABC) on April 1 began receiving news copy from the largest news agency in South Africa, SAPA, exactly a year after the SAPA feed to the SABC was cut because of a payment dispute. At the time of the dispute, questions were raised about the SABC’s ability to properly inform the public without the SAPA feed. SABC spokesman Enoch Sithole said this week that while he believed there had not been a decline in the quality of the corporation’s news broadcasts, "there have been stories that we have missed".

JOURNALISTS - The department of home affairs has vowed not to reverse its decision to deport a popular disc jockey on the SABC music station, 5FM. Tich Mataz, who was also a presenter of the popular SABC TV sports programme, "Woza Weekend", was deported to Zimbabwe along with his wife on March 25 after it was alleged that he had fraudulently gained South African citizenship. Mataz first started working in South Africa in 1994, when he joined the Bop Broadcasting Association as a DJ.

 

ENDS