(FXI/IFEX) – The following is a 20 April 2001 FXI media statement: RE: Martin Welz/ PAC cases The Freedom of Expression Institute expresses its deep alarm by the decision of the agencies investigating allegations of corruption associated with the state’s R43.8-billion arms deal to request the Western Cape Director of Prosecutions to institute a criminal […]
(FXI/IFEX) – The following is a 20 April 2001 FXI media statement:
RE: Martin Welz/ PAC cases
The Freedom of Expression Institute expresses its deep alarm by the decision of the agencies investigating allegations of corruption associated with the state’s R43.8-billion arms deal to request the Western Cape Director of Prosecutions to institute a criminal charge against Martin Welz, the editor of the newsletter Noseweek. This extreme action has been taken because Welz published allegations in Noseweek and on radio that two members of the investigating agencies and a judge met with African National Congress Chief Whip Tony Yengeni to discuss “what to do about the investigation into arms procurement.” On radio, Welz alleged that an additional issue under discussion was how the investigation could be contained. Welz claims he has evidence corroborating these claims, but if he is wrong, the people concerned can seek redress through the customary channels of the office of the Press Ombudsman or by instituting defamation proceedings.
FXI believes that the institution of criminal charges against Welz constitutes a classic case of punishing the messenger. It also suggests the agencies are attempting to shut up an investigator and are sending a warning to other newspaper investigators that they, too, will be punished for making disclosures which are contested on grounds of accuracy or which embarrass the agencies.
The FXI is also greatly concerned about the issue of subpoenas to two members of the Pan Africanist Congress to appear before the agencies to disclose their information about alleged corruption. There appears to have been no attempt to make a formal request to the PAC members to disclose their information before using the full might of the law to try to extract the information. FXI notes that the law being invoked by the agencies against the two PAC members is the draconian Section 28 of the recently promulgated National Prosecutions Act, under which people can be requested to disclose what they know or suffer imprisonment. This law was instituted to empower the police Scorpions investigators in their pursuit of criminals and the detection of crime, but when applied against politicians under current circumstances it raises questions as to whether there is political abuse of power.
Having noted the remarkable disclosures in the media about suspicions about the conduct of people in high office in relation to the arms deal, FXI’s concerns about the use of this law extend to the possibility that the investigating agencies may wish to use it against these investigative journalists, to force them to disclose what they know. This would not only constitute another instance of punishing the messenger but would seriously compromise editors and journalists in complying with their Constitutional duty to conduct a free media. FXI calls on the investigative agencies to assure the country that it will not invoke these measures against journalists carrying out their professional duties.