(FXI/IFEX) – The following is an FXI report: Sixth Report of the Anti-Censorship Programme January 2006 The past year in South Africa has shown that the struggle for socio-economic rights is the main terrain of struggle around freedom of expression. The Minister of Safety and Security, Charles Nqakula, recently reported that there were 5,085 legal […]
(FXI/IFEX) – The following is an FXI report:
Sixth Report of the Anti-Censorship Programme
January 2006
The past year in South Africa has shown that the struggle for socio-economic rights is the main terrain of struggle around freedom of expression. The Minister of Safety and Security, Charles Nqakula, recently reported that there were 5,085 legal and 881 illegal protests in South Africa in the 2004-2005 financial year.
The state response has often been intolerant and suppressive: protestors assaulted, detained or charged. Most belong to some social movement, residents’ association or crisis committee with which the FXI has developed close relationships. Over the past six months, the FXI has dealt with a number of such cases.
The case of the Harrismith 13, charged with sedition last year, is ongoing. They appeared in court in January 2006, having been informed that sedition charges against them were withdrawn. Charges relating to public violence stand. Some defendants were harassed by police, and one was even physically beaten. The FXI assisted with legal advice and a workshop. The withdrawal of sedition charges followed the FXI’s giving the case wide publicity.
The case of over 40 Landless Peoples Movement (LPM) activists charged under the electoral act for having an illegal gathering on the 14th April 2004 is also ongoing. The case against Superintendent Simelane, accused of torturing LPM members and charged with assault with intent to do grievous bodily harm, was dismissed for lack of evidence.
Another major case of denial of the right to protest was that of the Foreman Road shack dwellers’ march in Durban in December 2005. They were not allowed to march and, when the march did take place, were attacked with live ammunition by police. The FXI intervened with letters to the eThekweni Municipality, media work and legal advice to the shack dwellers.
An election-related case was that of the Greater Middelburg Residents’ Association (GMRA). The Steve Tshwete Municipal Council had denied the GMRA the use of municipal venues for its election campaigning. Following FXI interventions, the Council relented and has granted access to municipal venues to the GMRA.
The cases of the GMRA, the Harrismith 13 and the many recent protests around service delivery and provincial demarcation highlight how easy it is for basic civil and political rights to be violated in small towns and rural areas and how such violations can easily disappear under the radar.
Journalists’ right to protect their sources has become a major issue of media freedom. It was highlighted by the civil and criminal cases against the Mail & Guardian after its reportage on the “Oilgate” scandal. The FXI supported the M&G with advice, legal costs and as amicus curiae in the civil matter. This case, together with others already mentioned, indicate a South African state becoming intolerant of dissent – on the streets and in the media. It is a trend the FXI is paying careful attention to.
The FXI also responded to the violation of the freedom and independence of the media when journalists were banned from the court appearances of former Deputy President Jacob Zuma.
Another media issue was the case of Tuesday Night Live, an LGBTI radio programme which had been broadcasting on SABC’s Radio 2000 until the price they were paying for their slot was drastically increased. With Tuesday Night unable to pay the new amount, their show was cancelled. The FXI assisted Tuesday Night with advice and in negotiations with SABC.
The increasing threat to freedom of expression in South Africa is emphasised by two other matters in which the FXI was involved: the Monitoring and Interception Act and President Thabo Mbeki’s comments about the financing of African NGOs. The FXI responded to both, highlighting the unconstitutionality of the Act and criticising the threat posed to the independence of civil society organisations in the latter case.
There were three individual cases that the FXI handled in the past six months. Two were grievances with public institutions (the University of Kwazulu Natal, in the case of Ashwin Desai and the Office of the Presidency, in the case of Thoko Mkhwanazi-Xaluva) and one with a private business concern (Super Spar, in the case of Vusi Sibeko).
Desai was prevented from being considered for a position at the university based on a banning order against him by the former University of Durban-Westville. The last Vice-Chancellor of UDW, Saths Cooper, had lifted the ban but the current Vice-Chancellor of UKZN decided it still applied. Mkhwanazi-Xaluva, former Director in the Office of the Rights of the Child (ORC) was fired by the Presidency after she had accused a consultant of sexual harassment. The consultant, she claimed, was a friend of Minister Essop Pahad. After being reinstated by a bargaining council arbitrator, she was again fired – for speaking to the media about her earlier matter. Chief shop steward at Super Star, Milnerton, Sibeko was suspended for his article in the Democratic Socialist Movement’s newsletter where he exposed bad working conditions and salaries at Super Spar.
