FXI Law Clinic Cases

The FXI has contributed to the body of knowledge on freedom of expression in South Africa through cases undertaken by the FXI Law Clinic. The FXI Law Clinic has intervened in over 200 freedom of expression related matters since its inception. 

Brief history of the FXI Law Clinic

The Media Defence Trust was established in 1989 in response to the wave of state action against the media, such as the closure of newspapers and detention of journalists. In its six years of establishment the Media Defence Trust was the sole supporter and defender of independent media and journalists. The Media Defence Trust was incorporated into the FXI in 1994, at the request of its administrators, and became the Defence Fund of the FXI. The Defence Fund was re-launched as the Freedom of Expression Defence Fund in 1997 to reflect the broadening of its role to include all cases involving freedom of expression and access to information. The Freedom of Expression Institute Law Clinic was established in 2005 and is accredited by the Law Society of South Africa.

Adrian Sissing and SA News Blog
Two news articles were published on the SA News Blog concerning Mr Adrian Sissing's alleged illegal business practice as a business broker. After the publishing of the two article Mr Sissing sent messages to the author of the articles threatening the author with legal action if the two articles are removed from the blog site. No official documents have been served yet.
FXI Objective: Media and Free Press
January 27 2017 By Freedom Of Expression Institute

Andile Nomabhunga (The Informer) and Nontsikelelo Matubatuba
This matter involves a defamation. The FXI was approached by the defendant (Andile Nomabhunga) in this matter. The Applicant claims that the defendant had defamed her in an article published in the local newspaper called the Informer.
The matter was heard before the Press Tribunal, a judgement was handed down and the defendant was compliant with the judgement. However the Applicant pursuit with a civil claim against the Defendant.
The defendant received legal counsel from Shepstone and Wylie.

FXI Objective: Anti-Censorship
January 27 2017 By Freedom Of Expression Institute

Protesting Diro Mine Workers
Miners from Khathu had not been paid in 5 months by their employer Diro. The miners organised a march on the 6th of September against the employer, who is situated in Centurion.
The employer subsequently issued an interdict against the miners, on the 13th of September 11 employees got arrested for public violence, malicious damage to property and contravention of the court interdict.

The group was due to appear on the 14th, however the matter was not put on the roll as there was not sufficient evidence to prosecute.

FXI Objective: Anti-Centorship
January 27 2017 By Bongani Phiri

Tom Nkosi ( Ziwaphi) and The Mpumalanga Legislature
The Ziwaphi Newspaper published an article on the 22nd of the September 2016. The article was about Mr Linda Mwale and his involvement in awarding tenders as the Secretary of the Mpumalanga Legislature.

Mr Mwale through his lawyers demanded that Ziwaphi must print a retraction and an apology and failure to do so would result in legal action.
FXI Objective: Freedom to Expression
Media and a free press
January 27 2017 By Bongani Phiri