On 22 August 1996, police served subpoenas to Moegsien Williams, editor of “The Cape Times”, Shaun Johnson, editor of “The Argus”, Ebbe Dommisse, editor of “Die Burger”, numerous journalists at the South African Broadcasting Corporation (SABC) and the Associated Press (AP), and members of the South African Press Association (SAPA). All were ordered to appear […]
On 22 August 1996, police served subpoenas to Moegsien Williams,
editor of “The Cape Times”, Shaun Johnson, editor of “The Argus”,
Ebbe Dommisse, editor of “Die Burger”, numerous journalists at
the South African Broadcasting Corporation (SABC) and the
Associated Press (AP), and members of the South African Press
Association (SAPA). All were ordered to appear in court on 30
August. The subpoenas were served after recent extensive media
coverage of the public burning and shooting death of a notorious
gang leader and drug peddler by People Against Gangsterism and
Drugs (Pagad), a Cape Town anti-drug vigilante group. Frank Kahn,
Attorney General of the Western Cape, ordered the subpoenas when
journalists refused the police’s first demand for all of the
photographs related to the killing. He stated that the media was
obstructing a criminal investigation in violation of Section 205
of the Criminal Procedure Act.
In a conversation with CPJ, Ryland Fisher, deputy editor of “The
Cape Times”, said that on 5 August “The Cape Times” ran
photographs of the killing in an article entitled “Night of the
Bloody Execution.” Fisher said that “When police served the
subpoena they demanded the newspaper hand over all pictures and
documents related to the killing, and all interviews done with
Pagad leaders. They also wanted the names of reporters and
photographers who have worked on the Pagad story, which has been
the biggest story in Cape Town for a long time.” Fisher added
that many journalists have received death threats — and some
have been shot at — while reporting on anti-drug protests.
In a meeting held on 23 August, SAPA, as well as all of the
subpoenaed journalists and newspapers, decided they would not
comply with the subpoenas. The decision was based on the shared
belief that journalists would face serious threats to their own
safety if their neutrality in reporting events was brought into
question and they were seen as instruments of the police. The
journalists also agreed that, if necessary, they would challenge
the subpoenas through to the Constitutional Court, the country’s
highest court.
Fisher told CPJ that “The police and some senior politicians have
argued that the media should review its position on these issues
because we no longer have an apartheid government. They also
claim that this is a criminal matter and the media, if it
supports the government’s drive against crime, should cooperate
with the police. Some politicians also argue that journalists
should not enjoy more protection under the law than ordinary
citizens.”
On 29 August, Attorney General Kahn withdrew the subpoenas,
stating that when Section 205 of the Criminal Procedure Act is
tested in the Constitutional Court he is confident he will win.
Recommended Action
Send appeals to authorities:
media to provide information to the police, and urging that such
practices no longer continue in the future
acquiesce to police demands
journalists to work freely and safely in South Africa
Appeals To
President NR Mandela
Office of the President
Private Bag X83
Pretoria 0001, South Africa
Fax: +27 12 323 3231
Deputy President Thabo Mbeki
Office of the Executive Deputy President
Private Bag X911
Pretoria 0001, South Africa
fax: +27 12 323 2573 or +27 21 462 2837/8
Frank Kahn
Attorney General of the Western Cape
Tel: +27 21 248 447
Please copy appeals to the originator if possible.
