(FXI/IFEX) – On 13 September 2002, FXI released a statement welcoming the removal of a gag order imposed by the Johannesburg High Court against a community challenging the continued pollution of their land, air and water sources by South Africa’s iron and steel giant Iscor. FXI had already planned to challenge the gag order at […]
(FXI/IFEX) – On 13 September 2002, FXI released a statement welcoming the removal of a gag order imposed by the Johannesburg High Court against a community challenging the continued pollution of their land, air and water sources by South Africa’s iron and steel giant Iscor. FXI had already planned to challenge the gag order at the Constitutional Court level.
The gag order was withdrawn on 12 September. FXI hailed its removal as a vindication of the constitutional right to freedom of expression, but expressed its deep reservation over the original imposition of the order. FXI said it shows that an enormous amount of damage has already been done as result of the existence of the gag order.
FXI pointed out that it has consistently denounced the order as a grave and unwarranted violation of the right to freedom of expression. It noted that in spite of the gag order having unjustifiably restrained the right of the community to receive or impart information or ideas in relation to their environmental problem, it had also denied the public its constitutional right to be informed about the matters in dispute in Vanderbijlpark.
Furthermore, FXI observed that since February when the order was made, there has been a notable “chilling effect” on the media, and press reports on the case against Iscor have virtually dried up.
FXI further expressed its deep concern at Iscor’s continued peddling of the falsehood that it was the victims who had asked to be gagged in the first place. The organisation argued that it makes no conceivable sense that a community, which has been locked in a bitter struggle with the giant corporation regarding the devastation of their lives, could at the same time have appealed to the High Court to be restrained from publicly exposing such atrocities.
FXI stated that it is apparent Iscor has bowed to mounting public pressure and adverse publicity about the gag order thereby prompting the corporation to apply for its removal. FXI observed that whereas the damage done to the right of freedom of expression against the victims and the country at large cannot be easily quantified, the least that Iscor should do is to immediately put an end to the pollution and adopt measures to clean up the environment. The organisation noted that the corporation must also move with speed to compensate the victims for the devastation done to their lives and properties.
FXI added that the existence of the gag order has clearly demonstrated that censorship is on a sharp incline in South Africa. The organisation stated that once again its fears have been borne out that both the state and private institutions are showing a remarkable intolerance to the right of individuals to express themselves freely in the manner sanctioned by the constitution.
