(FXI/IFEX) – The following is a 28 March 2002 FXI media statement: FXI condemns gagging order in ISCOR environmental case in Vanderbijlpark 28 March 2002 The Freedom of Expression Institute strongly condemns the gagging order binding iron and steel parastatal ISCOR and sixteen residents of Steel Vally, Vanderbijlpark, to silence over environmental spillages in the […]
(FXI/IFEX) – The following is a 28 March 2002 FXI media statement:
FXI condemns gagging order in ISCOR environmental case in Vanderbijlpark
28 March 2002
The Freedom of Expression Institute strongly condemns the gagging order binding iron and steel parastatal ISCOR and sixteen residents of Steel Vally, Vanderbijlpark, to silence over environmental spillages in the area. The gagging order was granted by the Johannesburg High Court after ISCOR sought the order to prevent the residents from speaking about allegations against the corporation that it was responsible for environmental leakages of chrome and cadmium into the area’s groundwater, leading to residents suffering from numerous health problems.
According to the order, which was issued by the court after the plaintiff and defendant agreed to it, the parties to the proceedings are interdicted from communicating directly or indirectly with the media relating to the merits or related aspects of the legal proceedings, pending the finalisation of such proceedings. This order deprives journalists of information by gagging potential sources, and has even more far reaching consequences affecting the residents’ right to freedom of expression and association more generally. The ability of the residents to speak in meetings, or even to speak in a manner where the contents of the conversation could be relayed to journalists, could be curtailed out of fear of falling foul of the gagging order.
The FXI is made to understand that the 16 applicants had no choice but to concede to the order, on pain of not having the case proceed at all. This amounts to bully-boy tactics and blackmail on the part of ISCOR, who clearly have far deeper pockets than the residents, and who are therefore able to exploit this unequal power relationship cynically and ruthlessly. However, the existence of the gagging order is prejudicial not only to the applicants: it affects the whole community of Vanderbijlpark and similar communities that are struggling for environmental justice, and sets a worrying precedent for how similar cases will be dealt with in future. Effectively, the order means that the community of Steel Vally is punished twice over, and adds insult to the range of injuries they have already suffered.
The FXI is also extremely concerned about the lax response of the government to an environmental disaster that we believe has existed for at least forty years. It is indeed ironic that this case has taken such a turn in the year when South Africa will host the World Summit on Sustainable Development (WSSD), which will be discussing – amongst other things – promoting greater transparency and access to information in relation to environmental matters.
The role of the media in exposing the ongoing environmental disaster in Vanderbijlpark needs to be acknowledged and applauded. Had it not been for the persistence and dedication of a number of investigative journalists, working hand in hand with environmental experts and community members, the gagging of the applicants could have had the desired effect.
