Court rejects media’s request for access to in-camera evidence on chemical warfare project

(FXI/IFEX) – On 1 December 1997, the Pretoria High Court rejected with costs an application by media publishing house Times Media Limited and two journalists for access to the full bail hearing of the former head of South Africa’s chemical and biological warfare programme, Wouter Basson. In passing his ruling, Justice C. Botha said the […]

(FXI/IFEX) – On 1 December 1997, the Pretoria High Court rejected
with costs an application by media publishing house Times Media
Limited and two journalists for access to the full bail hearing
of the former head of South Africa’s chemical and biological
warfare programme, Wouter Basson. In passing his ruling, Justice
C. Botha said the magistrate who passed the in-camera ruling did
not specifically prevent the applicants from obtaining a copy of
the court proceedings and publishing it. He said: “If it turns
out that there are objections to the release of the record, or
portions of it, and a dispute develops, the matter can be dealt
with reference to the evidence that was actually given.”

**Updates IFEX alert dated 29 October 1997**

Referring to the ruling of the magistrate, Justice Botha said he
was satisfied that the magistrate had been justified in making
the directive that he did. He said the documentation submitted to
the Regional Court, and which dealt with the top secret “Project
Coast”, was pregnant with information that, if explored and
elaborated, could lead to the disclosure of state secrets. He
said it could lead to knowledge of biological and chemical
warfare falling into the wrong hands. Furthermore, Justice Botha
said the evidence would compromise third parties who were not
witnesses, exposing them to detection, prosecution, harassment
and other measures.

Background Information