(FXI/IFEX) – The following is an FXI statement: FXI calls for full media access into the enquiry on racism in rugby The Freedom of Expression Institute has this morning sent a letter to Justice Edwin King urging that media be allowed full access to cover the hearings into racism in the rugby sport in South […]
(FXI/IFEX) – The following is an FXI statement:
FXI calls for full media access into the enquiry on racism in rugby
The Freedom of Expression Institute has this morning sent a letter to Justice Edwin King urging that media be allowed full access to cover the hearings into racism in the rugby sport in South Africa. This follows recent reports carried by the electronic and print media and attributed to Justice King, who is chairing the enquiry, that media will not be allowed access into the hearing.
The enquiry has been commissioned by the South African Rugby Football Union after a recent furore around allegations of racism against Geo Cronje, a white player on the South African national rugby team, the Springboks. He reportedly refused to share a room with a fellow black player, Quinton Davids. Cronje was initially suspended from the team, but later found to be innocent of the charges. He and Davids have, however, been excluded from the world cup rugby squad.
In the letter, the FXI pointed out that freedom of expression, media freedom and access to information are critical in ensuring the free flow of information and ideas and encouraging public participation, transparency and accountability of government and other institutions of society. The FXI observed that in the past, it had actively campaigned for media access into enquiries conducted by judicial and semi-judicial tribunals on a diverse range of matters, including the hearings for the appointment of judges by the Judicial Services Commission (JSC) and the cricket match fixing scandal.
The FXI stated that it was partially successful in getting the JSC to allow public hearings in the appointment of judges for the Constitutional Court in 1995. Unfortunately, the commission introduced elaborate rules restricting media access and eventually barred television and radio coverage of the proceedings. In the event, some of the candidates who were not recommended for appointment accused the commission of racial bias. Ironically, some of the members of the JSC themselves later said they believed they had erred in denying full media access to the hearings because this prevented information from reaching the broader public and hence compromised the public’s ability to judge for itself whether or not racial bias existed in the appointment process.
Similarly, the FXI pointed out that it had expressed serious concerns during the hearings conducted by the Commission of Enquiry into Cricket Match Fixing in 2000, also headed by Justice King, when he initially ruled that the broadcast media could not be allowed to record the proceedings because electronic equipment could have the effect of intimidating witnesses.
During these hearings, the FXI argued that the electronic media, with a penetration of approximately 93% and 69.6% for radio and television, respectively, is the vehicle through which the majority of South Africans receive their information. It also stated that the print media also plays a significant role in servicing the information needs of the public in spite of the fact that it does not enjoy an audience reach similar to that of the broadcast media. Given these facts, therefore, the FXI argued that it would be an act of gross injustice to deny the public its right to be informed promptly about the corrupt practices of some members of the South African national cricket team as well as the sport itself internationally.
For these reasons, the FXI stated that it was heartening when the Cape High Court later ruled that the blanket exclusion of radio broadcasting and radio equipment from the hearings constituted an infringement of the public’s fundamental right to freedom of expression. Furthermore, the court also observed that such a prohibition runs contrary to the spirit, purport and objects of the Bill of Rights.
In its letter today, the FXI observed that recent experience has shown that media reporting of the proceedings and hearings in many institutions of state, such as parliament and the courts of law, has the impact of not only demystifying their activities, but also enabling ordinary members of the public to identify with and appreciate their relevance to their everyday lives. Unfortunately, the FXI pointed out that South Africa has a dubious past of secrecy, repression of media freedom and violation of the public’s right to receive information and ideas.
The FXI argued that ten years into South Africa’s constitutional democracy, its citizens are faced by the daunting task of deconstructing the racial divisions and intolerance fostered by many years of apartheid rule and which are still manifested in many aspects of society today, including in the sporting arena. To overcome these challenges, the FXI argued that transparency and openness in all aspects of South African society were critical in ensuring that the country is able to transform itself from its unenviable and regrettable past.
Emphasising that the current enquiry is a matter of great public interest, the FXI strongly urged Justice King to allow unhindered media access to the hearings because the public’s right to know about the problems of racism in the sport of rugby should not be compromised merely on account of witnesses feeling intimidated or nervous. It submitted that the public’s interest to be informed about the existence or not of racist tendencies in rugby overrides any other consideration that may be proffered to justify the hearings being held behind closed doors.
Finally, the FXI expressed its hope that the enquiry would be of service not only to the needs of the rugby fraternity, but also to the public in general.
