FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA - July 25 1998 (Covering the period July 25 to July 31)
ACCESS TO INFORMATION - The Freedom of Expression Institute on July 31 held a seminar on the latest draft of the Open Democracy Bill which has been tabled in Parliament. The seminar was attended by unions, NGOs and representatives from the Government ODB Task Group and Black Sash/Parliamentary Monitory Group. It addressed two things. Firstly, the Bill as it stands, does not fully give effect to the second half of the right of access to information clause in the Constitution which provides that everyonee has a right of access to information held by another person in exercise or protection of any rights. Secondly, the removal of the section on open meetings included in earlier drafts. Through the seminar, the FXI hoped to assist groups in making informed recommendations.
ACCESS TO INFORMATION - Former security policeman Michael Bellingan on July 28 told the Truth Commission that he had set up a news agency and photographic laboratory in Khotso House to obtain first hand information about the activities of the South African Council of Churches. Bellingan, a co-applicant for amnesty for the Khotso House, Cosatu House and cinema bombings, said that agency which still existed, positioned itself as an "alternative media" operation. He said it was one of the organs he used to orchestrate the disinformation campaign on the Khotso House bombing that implicated political activist Shirley Gunn who won damages from Adriaan Vlok, then the law and order minister. Journalists employed by the agency had no idea that they worked for the police. According to Bellingan, the agency was used to monitor the comings and goings of visitors to Khotso House, then headquarters of the SACC, the Anglican church, the Detainees Parents' Support Committee, the Black Sach and the photographic agencies Afropix and Afroscope. As head of the Stratcom's church desk, he said he targeted individuals involved in liberation theology and those who supported the anti-conscription campaign. Bellingan has applied for amnesty for his part in the former government strategic communications projects and the bombing of the Khotso House and Cosatu House.
CENSORSHIP - The Film and Publication Review Board on July 29 upheld the decision made by the Executive of the Board earlier this month regarding the exhibition of works by artist Mark Hipper at the University of Grahamstown's Art Gallery. The exhibition caused considerable controversy when certain media labelled it "child porn" and members of the local Child Welfare Association complained. After taking this final decision the Board issued a statement saying: "With due consideration to constitutionally-entrenched rights, the spirit of the Film and Publications Act (1996), the interests of different sectors of society and the context and intention of the work, the full Board classified the works as appropriate for all ages subject to parental guidance (`A - PG')" Strictly speaking the Film and Publications Act does not allow for a complainant to ask for the Review Board to review a classification by the Board. Nevertheless the Board agreed to hear the matter because it believed that the appellant had the right to administrative action that is transparent and that provides the public with timely, accessible and accurate information. It also recognized the important role that the SA National Council for Child and Family Welfare have to play in the protection of children.
COMMERCIAL SPEECH - A ban on tobacco advertising and sponsorships proposed by Health Minister Nkosazana Zuma would deny people freedom to receive or impart information or ideas. The Democratic Party slammed the proposals as a breach of constitutional freedoms. The DP said that it shared Zuma's belief to strive towards a healthy society, but Zuma has shown a total disregard for the individual's right to freedom of expression. The law already made provision for compulsory health warnings in tobacco advertising. If the government adopts the Tobacco Products Amendment Bill, a total ban on tobacco advertising would be imposed and the government would be crossing the line into curbing individual freedom. The Bill, based primarily on tough Australian anti-smoking laws and World Health Organisation proposals, has been welcomed by anti-smoking lobbyists but slammed by the tobacco industry as "draconian".
CORRUPTION - "Business Day" on July 28 reported that the justice department has warned that magistrate courts' officials involved in fraud, theft or corruption would not be allowed to benefit from their actions but would face the consequences of the law. According to the department spokesman Paul Setsetse, the Heath special investigative unit had begun investigations into allegations of cheque fraud in the Ekangala Magistrate's Court in Mpumalanga. Setsetse said that the Heath unit had been approached to investigate the allegations because it had the power to attach and confiscate property. He said the unit had already attached properties of an East London businessman who was investigated. A total of 3 536 cheques for R6,9m were stolen or lost from the justice department in the past financial year. Meanwhile, President Mandela had ordered a probe into extensive claims of corruption and maladministration since 1986 in at least 16 government institutions in the Eastern Cape, Mpumalanga and KwaZulu-Natal. He referred the allegations to the Heath unit which will examine the claims of offences since January 1,1986.
DEFAMATION - On July 27, "The Citizen" reported that the NP and Hernus Kriel were considering to take legal actions against the ANC following statements made by its Western Cape leader Ebrahim Rasool that Kriel was among NP figures who were enriching themselves. Rasool claimed that the ANC had information about large scale bribery and corruption in the handling of casino licensing in the Western Cape. He said that a "substantial amount of evidence exists which shows that Kriel, in his capacity as premier of the Western Cape received R1m from a company bidding for a casino licence". Rasool also implicated Dr Niel Bernard who has already given written notice through his attorneys of his intention to sue. Rasool said that "the NP is rotten to core, they long ago stopped worrying about the citizens. They are merely enriching themselves". The NP denied allegations and said that they were based on hearsay because Rasool cannot produce evidence to support his claims. The ANC may be sued to the tune of R20m for defamation.
INDEPENDENT BROADCASTING - Technikon Northern Gauteng's community radio station had been ordered to stop broadcasting with immediate effect by the Independent Broadcasting Authority. According to reports, TNG chief executive Clement Sithole said that the IBA claimed the station had failed to apply for the 1998-99 licence. The confusion came after the IBA's licencing department failed to ratify the station's application for a new name and consequently failed to issue a temporary licence in time. Sipho Tsotetsi, head of the department said that it was TNG's fault that it had to go off air, because it was supposed to have applied three months before the expiry date of their licence.
INDEPENDENT BROADCASTING - Cellular network operator Vodacom says it has borne out its commitment to the environment by sponsoring the country's first environmental station, Radio Safari with effect from August 1. The sponsorship will enable the station to further its own pledge to serve the conservation community and enhance communication of its newly increased footprint. Radio Safari, which broadcasts beyond the Kruger National Park to as far north as Thohoyandou and west to Belfast, has 12 hours of live scheduling, both entertaining and informative. According to the "Saturday Star", Vodacom has already taken the initiative of assisting the station's move to the Nelspruit CBD to enhance community interaction. It will also work closely with the station manager to provide and support research on crucial topics for the disadvantaged communities.
MEDIA DIVERSITY - Black Eagle Publishing has launched its new travel and tourism title, "Discover Africa" and aims to reach an international distribution of 30 000. It plans to use the magazine to attract tourism to and investment in Africa. "Discover Africa" joins Black Eagle Publishing's award winning magazines "Africa-Environment & Wildlife" and "Africa-Birds & Birding". Its publisher and editor Peter Borchert said that the group aimed to promote Africa and the nearby islands as a prime international tourism destination using quality as the point of difference from other travel and tourism media available. The magazine is said to be targeting a wider interest group than the publisher's other titles and would be on sale via subscription throughout Africa, the UK, Western Europe and the US. According to "Business Day", Simon Moyo, Zimbabwean minister of mines, environment and tourism said that the magazine was the first to recognize the full spectrum of travel and tourism opportunities with Africa and its islands as its focus. He said it would benefit both local and international tourism players in making strategic choices in this era of global markets and network organisations.
TELECOMMUNICATIONS - The South African Telecommunications Regulatory Authority on July 27 revised its frequency plan and it is expected to boost Telkom's roll-out programme and open up investments in the telecommunications industry. "The Star" reported that Satra's frequency planner Mothibi Ramusi said that the new spectrum would expand investment opportunities in broadcasting, telephone services and video surveillance. Ramusi said that a key component of the plan was to devise a strategy that would enable companies like Eskom and Transtel to move from their old radio bands to new frequencies. Satra has allocated spectrums to allow Time Division Multiple Access system to be shared by microwave multipoint distribution telecommunications and allow multichannel broadcasting services. The spectrum would be opened to the broadcast services industry for up to 10 years. There would also be spectrums for low-power video surveillance, which would be useful for monitoring crime hot spots in central business districts and shopping malls.
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