FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - SEPTEMBER 1 - 14 (Covering the period September 1 to September 14)

ACCESS TO INFORMATION - The Truth Commission on September 8 was told that the former government was striking at both the ANC and the British Government when it bombed the ANC headquarters in London in 1982. Former Police Commissioner General Johan Coetzee told the commission that the blast was aimed at breaking the morale of the ANC and demonstrating disapproval of the British Government. Coetzee, head of security police by then, said that the former government was not happy about Britain allowing the ANC to have headquarters in London. He said that former Law and Order Minister Louis le Grange told him that the government had decided to carry out a symbolic attack on the ANC offices in London. He said that they were informed that the government wanted to demonstrate to the British Government that there were serious risks involved in continuing to allow the ANC to operate from the UK. Coetzee indicated that the attack followed a series of ANC bombings of targets in South Africa. He and seven other policemen are applying for amnesty for bombing the ANC headquarters in London on March 14, 1982.

BROADCASTING - On September 2, more than 5 000 Christians marched to Parliament in protest against the Broadcasting Bill currently before the portfolio committee on communications. Their concern was about the section defining community radio stations, which they believed excluded a "community of interest" - radio stations serving interest groups along religious, cultural and language lines. The Bill also speaks of the IBA granting licences to geographically defined and democratically represented community stations. A revised wording, apparently reached in agreement with Minister Jay Naidoo, may substitute the earlier wording. It is: "Community broadcasting service means a broadcasting service which is fully controlled by a non-profit entity and carried on for nonprofitable purposes which meets any need of the community (religious, language, culture, demographics, etc) and serves a particular geographical area." Naidoo explained that reaching a consensus on the clause was not to change the intention and objectives of the Bill, but rather clarifies them.

INDEPENDENT BROADCASTING - On September 7, Midi TV took its first step closer to the public by switching on its transmitter network to beam the e.tv test signal to more than 60% of the SA population. Switching on the transmitter network at the Brixton tower, Broadcasting Min Jay Naidoo said that the government was taking its role to free the airwaves seriously. The entertainment -driven channel will broadcast seven hours a day, starting at 5pm when it launches in October. It will have an initial quota of 10% local content programming a day. News broadcasts will be introduced in December and the channel will offer a 24-hour service from February.

MEDIA AND GOVERNMENT - The joint committee of Sanef and government representatives was reviewing laws that the forum believes are in conflict with the democratic values of the new SA. The committee was set up after Sanef's series of meetings with the government and has six weeks to make its proposals on resolving the difficulties around section 205 of the Criminal Procedure Act. This section can be used by the state to force journalists to reveal sources of information. Sanef spokesman Joe Tlholoe said that the committee would also work with the Law Commission on a longer term project to review other laws that suppressed fundamental human rights and restricted freedom of expression.

MEDIA DIVERSITY - Two of SA largest newspaper companies, Times Media Limited and New Africa Publications have announced the launch of a new Sunday tabloid newspaper, Sunday World. According to TML chairperson Cyril Ramaphosa, the paper will focus on news, sports, politics, entertainment and educational issues. The new business would have its own management board with representatives from both partners and its own executive team. Ramaphosa said that the decision to introduce a new paper was made after months of careful market research. He said that reader polling and analysis had convinced the two newspaper owners that there was a market for the paper. The paper would be distributed first in the Gauteng , Mpumalanga, Northern and North-West provinces and was expected to be sold in other areas in three years time.

MEDIA DIVERSITY - The Johannesburg's Kaya FM radio station has signed a five year deal to broadcast to the whole of Africa via the WorldSpace satellite. The deal with WorldSpace will see Kaya FM become the first SA broadcaster to reach a pan-African audience. According to reports WorldSpace is due to launch its AfriStar satellite on October 30, and should begin commercial broadcasts early next year. Its investment in Africa will total R2,5bn over the next three years.

PARLIAMENT - The tabling of the Tobacco Products Control Amendment Bill, which bans all tobacco advertising and disallows tobacco sponsorship of sporting events, will go ahead in Parliament after the court ruled that the tobacco industry should not be allowed to frustrate the legislative process by asking for access to information. The Cape High Court on September 4 dismissed with costs an urgent application lodged by the tobacco industry to compel Health Minister Nkosazana Zuma to hand over all information she considered when drafting the Bill. Zuma said that she did not intend pushing the measure through any sooner than originally planned, but said she had every reason to believe the Bill would be received favourably. "We received a lot of positive feedback from members of the public and I'm sure even parliamentarians will receive it positively." She said that the tobacco industry's application was clearly an attempt to stall the parliamentary process. "All this information is in the public domain and the industry has more than enough resources to access it and compile an in-depth submission," she said. The court found the industry's rights would only be threatened if the Bill became law, in which case the industry could seek legal relief.

PRESS FREEDOM - The Johannesburg High Court on September 7 dismissed with costs the R7-m libel suit brought by Liberian politician Emanuel Shaw II against the Mail & Guardian newspaper. According to the newspaper editor Phillip van Niekerk, Shaw sued the newspaper for a series of articles describing how he obtained a R3-m consultant's post at the Central Energy Fund from his friend, former CEF chairperson Don Mkhwanazi. Van Niekerk said that Mkhwanazi was forced to resign because of the scandal surrounding Shaw's appointment which triggered a commission of inquiry. He said that their investigations revealed an "obscene waste of the taxpayers' money". "It is an indictment of this government that some of its senior officials formed close ties with such a crooked and unsavoury individual." The newspaper had also reported Shaw's "corrupt practices" while finance minister in the 1980s under the regime of Liberian despot Samuel Doe. "Perhaps this would be a lesson to other would-be litigants whose response to media exposes is to threaten to sue," Van Niekerk added.

PRESS FREEDOM - The inquest court hearing on the death of gang leader Rashaad Staggie in Cape Town was on September 2 postponed to October 29 following requests by media lawyers to have time to contest the validity of subpoenas. On August 18, it was reported that the editors of "The Cape Times", "The Cape Argus", "Die Burger", "SA Press Association", "Associated Press", Reuters news agency and SABC TV were served with subpoenas to hand over to the court photographs, video footage and transcripts pertaining to meetings, gatherings and demonstrations of Pagad before the public killing of Staggie, as well as of events on the night of August 6 1996. The court also demanded that the media reveal the names of photographers responsible for the video and photographs and journalists who conducted the interviews. One of the lawyers told the court that evidence would be led at the resumed hearing pertaining to the freedom of the press. Meanwhile, magistrate JH Venter gave warning to the media to refrain from any form of reporting that would pre-empt the findings of the inquest. The magistrate also reminded the media of the penalty for violations of the Inquest Act - a fine of R2 000 or six months imprisonment or both. On August 30, Reuters said that it was prepared to fight for its rights in the Constitutional Court. It indicated that the refusal was in conformity with its practice worldwide of refusing to disclose confidential sources and to furnish the police or courts with information obtained by its journalists while carrying out their duties in gathering news in the public interest. However, a subpoena issued to SA Press Association was withdrawn earlier after Sapa informed the court that it had no visual or other material which might help in the inquest.