FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - SEPTEMBER 26 TO OCTOBER 2 1997

INDEPENDENT BROADCASTING - The Independent Broadcasting Authority (IBA) has indicated that it may crackdown on an Afrikaans community radio station and charge it with piracy if the station begins broadcasting nationwide. Radio Pretoria announced on September 23 that it had acquired sophisticated equipment allowing it to broadcast across the nation and as far afield as Zimbabwe, Namibia, Botswana and Mozambique. However, the IBA said in reaction that the station had not applied for an extension of its transmission area or to be linked with other community stations to expand its coverage. The authority said that if the station went ahead with these broadcasts it would be operating without a licence and would be charged with piracy. A spokesman for the station said it would broadcast via satellite dishes and claimed that it had an assurance in writing from the IBA that the authority had no jurisdiction over satellite broadcasting. But the IBA said that satellite broadcasting was part of its jurisdiction and it was therefore entitled to take action against Radio Pretoria if it went ahead with its proposed broadcasts.

ACCESS TO INFORMATION - A Member of Parliament (MP) in the KwaZulu/Natal provincial legislature, Philip Powell, is considering taking the Truth and Reconciliation Commission (TRC) to court to prevent the TRC from forcing him to testify on alleged gun-running activities. Powell, who is a member of the Inkatha Freedom Party (IFP), was subpoenaed to appear before the TRC on September 29, but the hearing has now been postponed to sometime in October. Among the matters the TRC wishes to question him on is his alleged receipt of weapons from a covert police agent before the 1994 elections. Powell is currently the subject of an investigation into alleged gun-running by Transvaal attorney-general Jan D’Oliviera. Powell’s concern is that he may have to answer questions before the TRC that will incriminate himself. However, a TRC spokesman pointed out that any information he gave the commission as a result of a subpoena could not be used against him in court.

MEDIA HUMAN RIGHTS - Over a hundred journalists from the Afrikaans publishing group, Nasionale Pers (Naspers), on September 26 defied their company’s wishes and made a submission to the Truth and Reconciliation Commission (TRC), apologising for their role during the apartheid years. The 127 journalists from various magazines and newspapers in the Naspers stable said in their submission that Naspers newspapers had formed an integral part of the power structure which maintained apartheid through, for instance, supporting the National Party in elections and referendums. The journalists said they regarded themselves as morally co-responsible for what had happened in the name of apartheid. The journalists said they were making their submission as individuals, and not on behalf of Naspers or any of its publications. Those who endorsed the submission included former Naspers journalists as well as journalists working at newspapers "Beeld", "Die Burger", "Rapport" and "Volksblad", and magazines "Insig", "Huisgenoot", "Sarie", "You" and "Fair Lady". In July this year, Naspers managing chairman Tom Vosloo told the TRC that his company had nothing to apologise for and therefore would not make a submission to the TRC’s special hearing into the role of the media during apartheid.

HATE SPEECH - The Freedom Front (FF) on September 26 demanded disciplinary action against a student at the Rand Afrikaans University (RAU) in Johannesburg for allegedly saying "whites smell like dogs". The FF also insisted on an apology from the Pan Africanist Students’ Congress and the South African Students’ Congress, who were responsible for calling the meeting at RAU at which the statement was made. The meeting was called to press for a review of the university’s language policy. A FF spokesman said the racial remarks by the two organisations proved "that their demands are being motivated by feelings of revenge and hatred against the Afrikaner".

PORNOGRAPHY - A private investigator working on a Port Elizabeth paedophile case has apparently smashed a child pornography racket as a result of an Internet website offering child-porn. The website offered porn pictures of boys and girls as young as six and listed a fax number in Port Elizabeth where people could subscribe to a "private picture gallery". The lead prompted a police swoop on the premises of a 37-year-old fast-food operator, during which a computer and about 60 video cassettes were seized. In terms of the Films and Publications Act, child pornography is banned from importation, distribution and possession.

PUBLIC BROADCASTING - The Minister of Posts, Telecommunications and Broadcasting, Jay Naidoo,  on September 29 revealed that the South African Broadcasting Corporation (SABC) had lost about one-third of its administrative, management, broadcasting and technical staff since the beginning of this year. Replying to a question in Parliament, Naidoo said the losses were the result of retrenchments, resignations and retirements, including early retirement. The statistics  covered the period January 1 to 31 August this year.

MEDIA-GOVERNMENT: President Nelson Mandela on October 1 accused the "reactionary conservative Press" of aiding elements he said were behind ongoing violence at some South African platinum mines. Mandela made his statement in an address to a conference of the South African Democratic Teachers Union (SADTU) at Rustenburg in the North-West Province, shortly after visiting several mines in the region that had been plagued by violence recently. While not mentioning names, he said the conservative Press was ignoring the good work of the government and its affiliate unions and giving coverage to those bent on undermining democracy by stoking violence. He said: "The reactionary conservative Press splash the deeds of the enemies of freedom on front pages, but when organisations like SADTU do something worthy, it hardly gets a line."

INDEPENDENT BROADCASTING - The Independent Broadcasting Authority (IBA) on October 1 announced that it would hold a formal hearing into the Johannesburg-based Muslim community radio station, Radio Islam, for allegedly contravening its licence conditions. A complaint was lodged against the station earlier this year by a Muslim organisation after the station refused to allow women participation at the station. The IBA said in a statement that Radio Islam aimed to serve the Muslim community in the Lenasia area and was expected to ensure its programme content reflected the special interests and needs of its listeners. The licensee was also expected to ensure, in relation to employment, that arrangements were made for the promotion of equality of opportunities between men and women and also between persons of different race groups.

MEDIA FREEDOM - Journalists attending a media conference on October 2 convened by the president of the African National Congress (ANC) Women’s League, Winnie Madikizela-Mandela, were unable to question either Madikizela-Mandela or five witnesses she claimed could prove she was innocent of acts of violence and murder. In refusing to answer questions or allow journalists to direct questions at the five witnesses, Madikizela-Mandela said the questions could be in violation of the legislation governing the Truth and Reconciliation Commission (TRC). Instead, Madikizela-Mandela read out a statement, which she said did not violate the TRC legislation. In the statement she said she had called the media conference "in the light of the persistent campaign of disinformation by the media", and as a "humble attempt to demonstrate the deliberate, biased and distorted versions" in news reports. Last week, the TRC gave in to demands from Madikizela-Mandela and agreed to hold a public hearing, as opposed to an in-camera hearing, where she would be able to respond to various allegations against her, including allegations of murder.

JOURNALISTS - Veteran black journalist and managing director of Mafube Publishing, Thami Mazwai, on October 2 announced his resignation as chairman of the South African National Editors Forum (SANEF) with immediate effect. Citing disillusionment with some white members of SANEF, Mazwai also announced that he was stepping down as chairman of the Black Editors Forum (BEF). In a letter announcing his resignation, Mazwai said: "I had become disillusioned with a good number of our white colleagues in SANEF. They do not believe in the media as an integral part of South Africa and therefore, part and parcel of the country’s national objectives. ...They see the media as a law and an institution unto itself in which they tell South Africa what to do. In short, they must tell us blacks what democracy is and how the economy must work. The complaints I still get from black reporters on conditions and attitudes in the newsrooms as hair-raising." Mazwai said he regretted standing down as BEF chairman.

OPEN PROCEEDINGS - A Johannesburg District Magistrate on October 2 rejected an application for a secret trial, including banning the media and prohibiting publication, in a case involving crimen injuria against the secretary-general of the Congress of South African Trade Unions (COSATU), Sam Shilowa. In the case, one David Lloyd Cox was accused of insulting and impairing the dignity of Shilowa in a series of faxes in which Cox called Shilowa "an arsehole" as well as "trash" and "a kaffir". At the start of the trial the defence applied to the Magistrate to clear the court and ban the Press and publication on grounds that it was a "delicate matter" which might "cause incitement and have a bearing on good public order" as well as evoking "emotional responses for certain sections". In opposing the application, the prosecutor placed on record that she had already received complaints earlier from the Press who had learned of the defence intention and stated that in her opinion "it might be in public interest that these sort of matters be held in open court". Cox, who pleaded guilty, was fined R1 000 or three months imprisonment.

ENDS