FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - September 19-25 1997

DEFAMATION - The former editor of the Afrikaans paper "Vrye Weekblad", Max du Preez, on September 18 laid charges against retired police general Lothar Neethling for conspiracy to murder, perjury and fraud. De Preez’s action stemmed from his testimony earlier in the week to the Truth and Reconciliation Commission’s (TRC) special hearing into the role of the media during Apartheid. During the hearing he testified that a defamation suite by Neethling against the "Vrye Weekblad" had forced the paper to close down. Neethling instituted the R1 million defamation suite following an article in 1989 which alleged that Neethling had provided covert police and military operatives with poison to drug or kill anti-apartheid activists. The newspaper lost the case on appeal and was ordered to pay Neethling’s costs and R90 000 for defamation. The legal costs for both sides came to more than R2-milllion. Du Preez told the TRC that he had evidence that Neethling had lied to the court, as well as further proof of his illegal activities. However, on September 19 Neethling dismissed "with contempt" Du Preez charges against him, adding that he was considering legal action to counter Du Preez’s statements.

DEFAMATION - The leader of the Democratic Party, Tony Leon, on September 19 gave the African National Congress (ANC) leadership in the KwaZulu/Natal province 48-hours to retract a statement linking him to arrested politician, Sifiso Nkabinde, or face court action. Leon’s attorney’s said failure to retract the statement would result in a R250 000 defamation claim. Nkabinde, who was the provincial leader of the National Consultative Forum, was arrested last week and is currently facing 18 charges of murder. In a statement shortly after his arrest, the ANC in KwaZulu/Natal described Nkabinde as "the colleague of Roelf Meyer, Bantubonke Holomisa and Tony Leon...".

ACCESS TO INFORMATION - The leader of the Inkatha Freedom Party (IFP), Mangosuthu Buthelezi, is to approach either the Public Protector or the Constitutional Court to restrain the Truth and Reconciliation Commission (TRC) from using documents containing some of his personal correspondence, political research and public speeches. A report in the "City Press" newspaper on September 21 said the documents were originally in the possession of Buthelezi’s former right-hand man, Walter Felgate, who defected to recently to the African National Congress. Felgate placed the documents in the custody of A library at the University of Natal, which the TRC then subpoenaed in order to gain access to the documents. The TRC believes the documents can shed light on gross human rights violations in the KwaZulu/Natal province.

PUBLIC BROADCASTER - The Media Workers Association of South Africa (MWASA) has called for the suspension of the general manager of the South African Broadcasting Corporation’s (SABC) Television 3, Louis Raubenheimer, while his clandestine activities are being investigated. Raubenheimer testified to the TRC last week that he had been A member of the Broederbond, the secret organisation dedicated to maintaining white Afrikaner interests in South Africa, while working as news editor for the SABC in the 1980's. He said also that during his tenure as news editor he had attended meetings of the strategic communications directorate of military intelligence , Stratkom. The "Sowetan" newspaper reported on September 22 that MWASA felt Raubenheimer had not made A full disclosure to the TRC and had concealed vital information that could help the commission gain A better grasp of the previous government’s clandestine operations. The corporation, however, said it had no legal powers to dismiss Raubenheimer. A spokesman said that the SABC would have to wait for recommendations from the TRC and then only be able to act on what the commission recommends.

INDEPENDENT BROADCASTING - The acting CEO of the Independent Broadcasting Authority (IBA), Bronwyn Keene-Young, on September 23 resigned from her post with immediate effect, apparently because of internal clashes with several councillors. Keene-Young had been acting CEO since May this year when the then-CEO, Harris Gxaweni, was suspended amid allegations of financial irregularities in the IBA. On September 1, five new IBA councillors took office following the shock resignation of five of the seven councillors also in May this year.

JOURNALISTS - The South African Union of Journalists (SAUJ) has awarded its 1997 Pringle Award for excellence in journalism to the SABC journalists working in the two special units in radio and television set up to cover the TRC. The SAUJ said: "In the intensity, quality and consistency of their coverage, these journalists have redefined the image of the public broadcaster and set benchmarks for the SABC to follow. It is hoped that this award will encourage the SABC - and other electronic media - to renew their commitment to quality, independent news and actuality programming".