FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - APRIL 22 1998 (Covering the period April 22 to May 1)

 

CONSTITUTION - Despite newspaper reports suggesting the ANC wanted a two thirds majority to change the constitution, president Nelson Mandela on April 22 gave his assurance that the African National Congress will not change the constitution even if it does win a two-thirds majority in the 1999 general elections. Mandela said the constitution is the founding document of South African democracy which the ANC respects and to which the party pays unreserved allegiance. Responding to debates on his budget vote, the president said competition among parties for votes should not be perceived as a threat to the freedoms contained in the constitution. `In that document whose content is the product of our collective efforts, are the elements of the national consensus that its adoption was supposed to seal and it may be from time to time that the ANC shall collectively identify real and mainly technical deficiencies that may need improvement,' he said. The president also described expectations that a split was looming between the ANC and its allies, the SA Communist Party and COSATU as having no foundation.

 

DEFAMATION - National Party leader, Mr Marthinus van Schalkwyk on April 30, denied allegations from the weekly Mail & Guardian that he had a homosexual encounter with a convicted prisoner, Mr John Hermanus. He described himself as a `Boereseun' saying he did not know Hermanus. The newspaper reported that van Schalkwyk paid 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 National Party dismissed the allegations as smear campaign to discredit its leader and was approaching top advocates to sue the paper for defamation of character. Mail & Guardian editor Phillip van Niekerk defended his paper's decision to run the story saying the paper had been aware of the allegation for sometime and had only decided to run the story once the information was in the public domain.

 

DEFAMATION - Negota Commission's report released on April 29 recommended that Gauteng Premier Mathole Motshega's office be equipped with more trained personnel to help him with time management and financial control. The report portrayed Motshega as a disorganised administrator who disregarded advice, arrived late or not at all for meetings and performed his duties haphazardly. Opposition parties criticised him and said he definitely needed an image consultant to help him understand the responsibilities of his position. His spokesman Makosini Nkosi said the premier was being advised on how to dress, how to address the public and was very time conscious. The report cleared Motshekga on charges of nepotism and misappropriation of funds.

 

MEDIA & GOVERNMENT - South African National Editors Forum (SANEF) on April 28 met President Mandela to argue for, among other things, amendment of section 205 of the Criminal Procedure Act, which was used by the previous government to force journalists to disclose their sources. Section 205 is in conflict with the media freedom clause in the constitution, but the police have attempted to use it on several occasions since 1994. President Mandela emphasised that his government regarded the media as a pillar of democracy and it had no intention to censor. The two parties agreed that a special meeting would be held at which Justice Minister Dullah Omar, Safety and Security Minister Sydney Mufamadi and the Deputy President Thabo Mbeki would be present.

 

PORNOGRAPHY - A Johannesburg Internet designer has fled to the coast after being identified as a major player in international child porn network. It is alleged the man has been selling pornographic material to local paedophiles. Sixty computer disks containing pornographic material originating from the Internet were confiscated after police raided his home. He was arrested and released because the matter was turned down after the attorney-general found that under the new Film and Publication Act, which has not been fully promulgated, `no provision could be made for an arrest.'. Police spokesman Superintendent, Mark Reynolds said the suspect has been treated in terms of the existing legislation.

 

PORNOGRAPHY - `The Citizen' newspaper on April 25 reported that former government official Ettien Marais, was sentenced to house arrest after being convicted of committing immoral acts with two daughters of his former lover aged 12 and seven. This was revealed on April 24 during pre-sentence evidence at his trial. The newspaper reported that the incidents relate to the period 1992 to 1995 when the sisters were aged 12 and seven. Marais allegedly said he would pay the older one to watch him masturbate in the shower, touched her breasts, showed her adult videos and masturbated in front of her. Forensic criminologist, Dr Irma Labuschagne stated that Marais was possibly emotionally immature and felt less threatened by books and videos than by people.

 

MEDIA UNIONS AND STRIKES - Sowetan newspaper staff on April 22 staged a lunch time picket against the company's alleged failure to comply with its affirmative action policies. Workers said that the company was reluctant to promote internal staff to more senior positions and they declared a dispute with management through Media Workers Association of South Africa (MWASA). The picket followed the recent placement of advertisements for two senior posts in the press. Sowetan managing director, Mr Mike Tissong said management could not find suitable applicants for both positions. Workers' spokesman Mr Joe Mdlela said they would be meeting with MWASA soon to discuss way forward.

 

TELECOMMUNICATIONS - Telkom has planned to bid for a stake in Mauritius Telecom. It aspires to form partnership with existing telecommunications operators, mostly with Telecom Malaysia, its own equity partner. The move followed a visit to Mauritius by telkom delegation to discuss the process whereby the Mauritian government wants to dispose of the share in utility. Closer co-opration between the two countries was also discussed. Both welcomed the interest expressed by India and China in the Safe project. The project will link South Africa with Malaysia, via Mauritius, by sub-aquatic fibre optic cable. The link would not only increase telecommunications traffic but also render the project more viable.

 

FOREIGN AFFAIRS - Zimbabwean church leaders and President Mugabe's government have denounced the World Council of Churches (WCC) for accepting homosexuals be part of the conference in December. Mugabe said homosexuals were `worse than beasts and their sexual activities are un-Christian.' South Africa's retired Achbishop Desmond Tutu is reported by local newspapers to be pushing for a positive stand on homosexuality.

 

 

ENDS