FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - MAY 15 1998 (Covering the period May 15 to May 22)

 

ACCESS TO INFORMATION - The South African Communist Party on 10 May accused outgoing SA National Defence Force chief General Georg Meiring of trying to whitewash himself over a coup report he handed to President Mandela. The report alleged that 130 left-wing elements were involved in a plot to overthrow the government. The SACP said Gen Meiring was lucky to have been handled gently as misinforming a head of state was considered a treasonable act in many countries. `Had the political leadership of our country not been united and mature, the consequences of this kind of disinformation could have been extremely grave,' it said. The SACP expressed its outrage at Meiring's attempts since then to present what happened as an innocent mistake, but appreciated the way the government handled the issue.

ACCESS TO INFORMATION - The Open Democracy Bill has once more emerged into the public domain. The Bill, which has been in the making for the past four years, gives effect to the right of access to information included in the Bill of Rights. The last draft was published in October 1997 and it understood that only minor changes have been effected in the current draft. Though welcoming the government's intention to provide legislation which will give citizens the right of access to information held by government, and in a limited respect to certain information held by private bodies, civil society believes that the Bill has lost much in its process through cabinet. FXI therefore welcomed the government's commitment to public hearings on the Bill which Johnny de Lange, Chairperson of the national assembly's justice committee, said would probably take place in July or August.

BROADCASTING- The broadcasting industry will experience big changes when Communications Minister Jay Naidoo unveils the broadcasting white paper. It is understood that the Technical Task Team on broadcasting has drawn up a discussion document in which a number of changes are recommended. The changes include an increase in foreign ownership of SA broadcasting assets from 20% to 33%(although the white paper is said not to have specified the figure); abolishing the IBA system of two chairpersons in favour of one; curtailing the IBA's financial powers; allowing the SABC to operate internationally particularly in Africa; and working on supply-side measures to fund local production. The SABC is left undamaged in terms of recommendations but is expected to provide public broadcasting services on two channels while the third will be commercial. A major portion of funding will come from licence fees. Meanwhile plans to increase foreign share holding will benefit the likes of Time Warner, US based broadcaster which has a 20% interest in Midi TV which starts broadcasting in October.

COMMERCIAL SPEECH - The decision by Health Minister Nkosazana Zuma, to introduce legislation banning tobacco advertising will result in media loosing ad revenue. A report from "The Star" newspaper on 19 May said the issue is far bigger than mere money because it is a dangerous economic precedent. The decision to protect children against smoking by banning tobacco advertising is nothing more than a cop out. Media concern is once the government is perceived to be susceptible to legislating protection of any society by banning advertising, precious few products will escape scrutiny.

CONSTITUTION - The successful application by PAC's MP Patricia de Lille against parliament at the Cape High Court on 8 May has been hailed as a victory for freedom of speech and representation of minority parties in the national assembly. De Lille was given a 15 day suspension from parliament for abusing parliamentary privileges when she named alleged spies last year. The judgment, which overturned her parliament's attempted suspension, has called into question a range of issues critical to South Africa's democratic dispensation, from freedom of speech to parliamentary privilege. In his judgement, Justice John Hlophe stated that the bill of rights applies to all state organs. Any privilege that is inconsistent with the constitution is invalid. Judge Hlophe said the new constitution shows a clear intention to break away from the history of parliamentary supremacy. The ANC, however, issued a statement on 14 May saying de Lille's behaviour was completely unacceptable and would not be tolerated in any democratic Parliament in the world. The statement added that some findings regarding the constitutional status of parliament are inconsistent with the intentions of the constitution and may make it very difficult for parliament to function effectively. Meanwhile , the Democratic Party on 12 May proposed that ANC MP's should pay de Lille's costs.

DEFAMATION - The National Coalition for Gay and Lesbian Equality (NCGLE) on 3 May condemned NP leader Martinus van Schalkwyk's remarks that he was a `Boerseun' and that he had never had homosexual tendencies , and he was considering suing the "Mail & Guardian" newspaper. A report from the "Mail & Guardian" alleged that Van Schalkwyk paid a convicted prisoner John Hermanus R20 for unprotected sex at a house in Cape Town in 1996, and tried to silence him from disclosing the details of the incident. The NCGLE said the nature of Van Schalkwyk's response calls into question the commitment of his party to the constitution and equality. Meanwhile, the party has suffered humiliating drubbings, following the DP victory over by-elections in former NP strong holds in Bergvliet in the Cape, Brakpan in the East Rand and Rossetenville in south Johannesburg. Seven councillors also quit to join United Democratic Movement. Responding to criticism about his leadership abilities, Van Schalkwyk said he still needed a year or two to establish himself fully as he is still young.

DEFAMATION - Gauteng Premier Mathole Motshega on 11 May was faced with more allegations of appointing friends to top positions. Democratic Party provincial leader Peter Leon told a press conference that he received leaked material from an anonymous source indicating the allegations. Meanwhile Motshega said his staff should commit themselves to an oath of secrecy to avoid leakage of confidential documents to opposition parties and the media. Even though there were grounds at provincial level to protect confidentiality of information, to insist that staff sign a secrecy clause would be contrary to the draft Open Democracy Bill. Motshega is to meet President Mandela and top six ANC members to discuss his governance and the implementation of the recommendations made by Negota commission of enquiry into his past. However, provincial party insiders told "The Sunday Independent" on 17 May that he had met ANC senior leadership to make peace with them. He is expected to tell ANC leaders at a planned meeting that protocol needs to be followed if there were changes to be done in his office. Moreover, the rules of the Public Service Commission need to be respected.

GOVERNMENT & MEDIA - The Government Communications and Information System (GCIS), which was launched in parliament on 18 May, has implications for broadening the knowledge and information base of all communities. It is directed primarily to rural areas, townships, the illiterate, the youth and women to empower them to know their rights and take full advantage of socio-economic opportunities. According to GCIS chief executive officer Joel Netshitenze, the responsibilities of the GCIS were, among others, to establish a coherent government system that would ensure two-way communication between the government and the public. It was also to encourage media diversity and build relations with the media as communication partners. Deputy Minister in the Deputy President's office Essop Pahad dismissed suggestions that GCIS could become the ANC's propaganda machine saying it was common knowledge that media structures initiated by government were always viewed with suspicion. He also indicated that its establishment was an indication of the government's commitment to openness, transparency and accountability which would be endorsed in the soon to be tabled Open Democracy Bill.

MEDIA DIVERSITY & OWNERSHIP - A new Jewish paper was launched on 14 May, following the sudden demise of the "South African Jewish Times" in January. The first edition carried President Mandela's message in which he expressed the hope that the new paper will not diminish the illustrious participation of SA Jewish intellectuals and commentators in other media. According to the editor of SA Jewish Report, Janine Lazarus, the paper was not a communal rag but hard driven- news. She indicated that the paper would be a platform for all shades of political and religious opinion. Community work would be recognised and the paper would devote itself to reporting on modern-day Jewish life.

Meanwhile, the SA based pay television company MultiChoice has cancelled a deal with the state- owned Nigerian Television Authority (NTA). MultiChoice operates nine channels in Nigeria and is one of its largest markets outside SA. According to Kobus Bezuidenhout, his firm cancelled a $150 000 deal with NTA because it would restrict their supply to 40% of locally produced films . MultiChoice also realised that the federally-owned Nigerian television organisation had no reselling agreement with copyright owners, which complicated MultiChoice's transmission of locally sourced programmes. Last year, MultiChoice was hit with a piracy suit by a Nigerian musician and television producer for airing his popular programme, but denied the piracy charge claiming that it sourced the programme from the authority, with whom it had an agreement.

MEDIA POLICY - Opposition parties on 18 May warned the government not to use laws on media diversity to try to muzzle the press. The Democratic Party said that it was alarmed at a proposal that the new Government Communication and Information Service set up a directorate on media policy. It added that whatever government expectations might be, the reality was that the press could not be constrained, because its rights of free speech and expression were explicitly stated in the constitution. The National Party said it hoped any new legislation would not try to follow the Communist model which aimed at brainwashing citizens. Inkatha Freedom Party had no problem with the GCIS developing media policy, as long as the government did not see itself as the final arbiter on who should or should not be media owners.

TELECOMMUNICATIONS - Post and Telecommunications Minister, Jay Naidoo, on 18 May said Telecommunications was exploring other possible investments in African telecommunications, apart from Ugandan and Mauritian ventures. According to Naidoo, Telecom was ahead of schedule in its programme to roll out services to rural and poor areas. He was speaking at the World Economic Forum's Southern Africa Economic Summit in Windhoek, Namibia. `We intend developing not only voice telephony but access to the Internet, and through that, tele-medicine, tele-education and tele-agriculture.' Naidoo indicated that this programme was agreed upon by African ministers of communications recently at the Africa Telecom 98 summit held in South Africa. Meanwhile, Dr Essop Pahad on 15 May told "Sowetan" that with the new GCIS, the government would be better placed to effectively communicate its messages throughout Africa and it will improve the relationship with SADC and the Organisation of African Unity.

 

 

ENDS