FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - MAY 22 1998 (Covering the period May 22 to May 29)
BROADCASTING - The SABC deputy chief executive Govin Reddy on 22 May accused "The Sowetan" of waging a campaign against him in the light of his application for Zwelake Sisulu's position, which will be vacant when the SABC group chief executive leaves the corporation in September, this year. Reddy said that he was astonished to read the front page article which relied entirely on a memorandum to advance the view that he is in hot water. The report claimed that the SABC legal advisor Ronnie Bracks had sent a memo to SABC chief Zwelake Sisulu, accusing Govin Reddy of locking the SABC into a five year contract benefiting the US group while compromising the SABC. In the light of that, the SABC may try to renegotiate a contract signed last year allowing a US company to broadcast SABC radio over the Internet. Bracks alleged that Reddy signed the deal without consulting the SABC's legal department. Reddy , who signed the deal with US musician Quincy Jones' Q-Radio, denied the allegation and explained to "The Sowetan" that although he did not have to report to the board about the deal, Sisulu had been informed about it. He said that even if he had not consulted with Sisulu or the board, the deal fell within the ambit of his authority as head of radio section. Reddy told the newspaper that the article contained malicious motives and attempted to denigrate him by suggesting that he ignored internal procedures in the signing of the deal. However, Reddy said he instructed Bracks to revisit the contract.
CENSORSHIP - Shoprite Checkers on 19 May withdrew copies of the June edition of "Femina" magazine from the shelves because of photographs of nude models illustrating an article on the fashion industry. The company spokesman Brian Weyers indicated that they were prompted by an intense and negative reaction from shoppers to the contents of the magazine. "Femina" editor Jane Raphaely said that Shoprite Checkers considered a minority of pressure group which wanted to exercise power over what other people were allowed to see and read. Raphaely added that "Femina" is an adult women's magazine dealing with serious and sensitive issues, and regular readers are very sophisticated women who know the difference between pornography and reportage.
COMMERCIAL SPEECH - Tobacco farmers and manufacturers on 26 May lashed out at Health Minister Nkosazana Zuma and raised a concern that the proposed tobacco legislation would be rushed through Parliament this year without proper consultation. According to Tobacco RSA spokesman, Jan Venter, Zuma intended to amend the Tobacco Products Control Act, yet tobacco growers had not been consulted by her ministry or the Health Department. Venter said that they have never been asked to participate in any economic impact assessment of measures which the minister intends implementing. Food and Allied Workers Union (FAWU) and the Tobacco Institute of Southern Africa released a joint statement on 27 May that the government's tobacco control policy should be based on a clear understanding of the vital economic role played by the tobacco industry in South Africa. They indicated that no tobacco control policy should be made without conducting a detailed assessment of the likely economic impact on South Africa and SADC countries. According to a report from "The Sowetan", the tobacco industry employed more than 35000 people and contributed about R3,6-billion to the state's coffers in 1997. Zuma's planned amendment to tobacco legislation would impede tobacco advertising, ban tobacco companies from sponsoring major sports events and raise the legal age for buying cigarettes to 18.
JOURNALISTS - The Ministry of Home Affairs on 25 May announced that it had withdrawn the deportation order against "Sunday Independent" journalist, Newton Kanhema. Despite this, the department has indicated it has not given up its efforts to evict Kanhema from South Africa.The department said the administrative flaws in effecting the withdrawal are being rectified and the matter will be pursued. Kanhema, a Zimbabwean born journalist was served with a deportation order in January while on sabbatical in Atlanta. He was told not to re-enter South Africa but on 25 May was telephoned in Atlanta by a Home Affairs official and told he could return. According to government officials, Kanhema was guilty of criminal fraud in his application for permanent residence. A similar deportation order directed at his wife was declared last week by High Court Judge Guy Hoffman as null and void. He said the Home Affairs official had failed to apply his mind to the case. The judge also said Mr Kanhema's wife's right to be heard had simply been denied by the department.
Meanwhile, South African National Editors Forum deputy chairman and "Cape Argus" editor Moegsien Williams on 26 May was elected the new chairman of the International Press Institute (IPI) at the 47th General Assembly and World Congress of IPI in Moscow, Russia. The congress represented 2000 world's leading editors and publishers. Williams, a former "Sowetan" newspaper night editor, said he was flattered and honoured by his election.
MEDIA DIVERSITY - Midi Television, winners of the licence to operate the country's free- to- air television channel, confirmed on 21 May that it would begin broadcasting on 1 October as planned despite pending court action challenging the IBA's decision to grant Midi a broadcasting license. Failed bidders Free to Air and New Channel TV on 20 May indicated that they would apply to the high court for a review of the IBA's decision and had notified the IBA and Midi of their intention. Free to Air chairman Mvuzo Mbebe said that the group was totally dissatisfied with the process and they are confident they will be successful in their review application. The two groups argued that Midi was not the most suitable applicant and there were allegations that government intervened on its behalf. IBA rejected the allegations. It also felt that the pending court action would help build jurisprudence around broadcasting regulation. According to IBA chairman Felleng Sekha, the IBA was confident that it had conducted the process in a fair and transparent manner. Sekha added that the decision was not easy, however, Midi's corporate status and strong black empowerment ownership gave it the competitive edge.
PARLIAMENT - On 25 May, National Assembly Speaker Frene Ginwala indicated that Parliament would appeal against the High Court judgement in the case involving PAC MP Patricia de Lille, but the exact legal route had still to be decided. According to Ginwala, a decision would be taken in consultation with senior counsel. The decision to appeal came after a High Court judgement overturning a 15 day suspension from Parliament, imposed on de Lille on the recommendation of an ANC dominated parliamentary committe. This followed her claims, made last year in the National Assembly that 12 senior ANC MP's had been apartheid-era spies. The opinion of Cape based advocate Jeremy Gauntlett SC, circulated at the meeting on 25 May, advised that a direct appeal to the Constitutional Court was unlikely to be allowed. He said the better route would be to appeal to the Supreme Court of Appeal first. De Lille gave notice that she would oppose any appeal, as the Cape High Court judgement had been well reasoned and in harmony with the previous legal opinion given before the action was taken to court. The PAC proposed that the matter be stopped as it could be a waste of public funds to pursue the case.
PORNOGRAPHY - The National Assembly's welfare committee will draft a report urging the government to speed up the closing of loopholes in laws against child pornography. This follows a public outcry after legal loopholes resulted from the failure of the Eastern Cape attorney-general to prosecute a Port Elizabeth man who allegedly made child pornography available on his website. Committee chairman Cas Saloojee on 27 May warned that the country was as vulnerable as others when it came to exploitation of children. Salooje indicated that legislators faced a tough job to find ways to control child pornography on the Internet effectively. According to the report released by the committee, the vast amounts of data processed and exchanged via the Internet every minute, makes it practically impossible to effectively police the net. However, South Africans cannot be prevented from visiting pornographic websites, though any family or company can control to some extent what is accessed from their computers. Former censor board chief Prof Kobus van Rooyen acknowledged that further regulation would be necessary in this area, but the regulation should not curtail the free flow of information.
WATCHDOGS - Former rugby boss Luis Luyt on 27 May met with the National Party leader Marthinus van Schalkwyk in Cape Town, as part of a series of talks he is holding with opposition party leaders, following his resignation as SARFU president. He indicated that he favoured a stronger opposition to face the ANC in next year's general elections. At the same time, the National Party continued to loose their members to different parties. The Democratic Party on 26 May announced that a Vereeniging National Party councillor Mannetjies Grobler defected to DP. DP spokesman Ian Davidson said that Grobler's defection was further evidence of the increasing disintegration of the National Party. Both party leaders endorsed the idea of a joint action before the next elections, but they were aware that a wide political gap still separated both parties.
ENDS