FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA – APRIL 20 2000 ACCESS TO INFORMATION – “Business Day” reported on April 20 that the Johannesburg Stock Exchange (JSE) had proposed sweeping changes to its listing requirements designed to bolster investor confidence in South Africa’s (SA) equity market. The proposals, to be published for comment, would raise […]
FREEDOM OF EXPRESSION NEWS FROM SOUTH AFRICA – APRIL 20 2000
ACCESS TO INFORMATION – “Business Day” reported on April 20 that the Johannesburg Stock Exchange (JSE) had proposed sweeping changes to its listing requirements designed to bolster investor confidence in South Africa’s (SA) equity market. The proposals, to be published for comment, would raise the standards of transparency and corporate governance among companies listed on the JSE, including fuller disclosure of shareholders’ identities and directors’ salaries, and stricter rules for brokers sponsoring new issues. According to “Business Day”, the proposals came when a growing number of SA companies were opting for listings on foreign exchanges. Rudi Bam, technical manager at the JSE’s listing division, said that the fundamental principle behind the changes was to adhere to international best practice. “With greater disclosure we will promote international investor confidence in our market,” he said. Under the proposals, companies would also be compelled to provide reasons if they did not comply with the King Code of Corporate Governance. “Good disclosure is no longer a nice thing to do, it’s a have to do,” said Michael Judin, a Johannesburg attorney familiar with corporate governance. Although some observers felt the requirement for directors to disclose share dealings might infringe on their right to privacy, others supported it.
BROADCASTING – “Business Day” reported on April 19 that the Independent Broadcasting Authority’s (IBA) chairperson Mandla Langa said that the IBA should retain its mostly exclusive jurisdiction over competition matters in the broadcasting industry. Langa was responding to a call to eliminate section 3 (1)(d) of the Competition Act, excluding acts “subject to public regulation” from its ambit. Langa said that it was critical that the IBA’s constitutionally protected role to independently regulate broadcasting in the public interest remained intact. “The IBA had been instrumental in opening up the broadcasting industry to competition. Because of the nature of broadcasting, which is fraught with thorny issues of ownership and diversity of opinion, competition policy may not be the best way of dealing with the cultural concerns related to broadcasting,” Langa said. He said that the removal of the section would create concurrent jurisdiction for the Competition Act and Broadcasting Act over competition matters in the broadcasting industry. This could blur the distinction between responsibilities of the regulator and the industry, which might encourage interested parties to go “forum shopping”.
“However, while the IBA should have broad discretion relating to competition in the industry, some economic activities may be better dealt with by a specific competition regulator,” Langa said.
DEFAMATION – “Mail & Guardian” reported on April 20 that the SA Roadies Association might be boycotted by both the South African and international entertainment industry after being sued for R2,5 million by its most important client, Big Concerts. The company claimed SARA defamed both it and its managing director, Attie can Wyk, by accusing it of racism. SARA had been holding demonstrations against Big Concerts, accusing it and other white promoters of being racist and not wanting to share knowledge with other people. “We will not be threatened by people who do not want to accept transformation in the entertainment industry” said, SARA president, Freddy Nyathela. He said that demonstrations and pickets at national and international events organised by Big Concerts were planned. However, Van Wyk said that the shows will go on, whether there are demonstrations or not. Van Wyk said the company was forced to take legal action as SARA was threatening their businesses’ reputation. “SARA is a provider of casual labour and
stagehands for concerts, nothing more, nothing less,” Van Wyk said. He said that some of the reasons which led to Big Concerts not using SARA any longer were its poor labour practices and lack of discipline among its staff. SARA’s attorney, Penny Molefe, said that the organisation
was preparing a response to the summons.
DEFAMATION – “The Citizen” reported on April 18 that “Mail & Guardian” editor Phillip van Niekerk and executive editor of “The Star” Lizeka Mda said that they were suing the ANC over alleged defamatory statements made at the SA Human Rights Commission hearings into racism in the media. Public Enterprises Minister Jeff Radebe, an ANC executive committee member, accused Van Niekerk of writing an article critical of President Thabo Mbeki, but published it in the “Mail & Guardian” under Mda’s byline two years ago. While Van Niekerk and Mda denied the claim and demanded a retraction and an apology, the ANC stood by its submission. Mda said that she had given the ANC enough time to deny the claim and was suing the party. “I could have been satisfied with an apology but the ANC have stuck to their submission. It will be interesting to see how they handle the burden of proving that I did not write that article”, she said. She declined to say how much she was suing the ANC for. Van Niekerk said his legal representative was preparing court papers which would be served on the ANC soon. ANC secretary-general Kgalema Motlanthe confirmed that Mda’s lawyers had served papers on the party.
DEFAMATION – “Business Day” reported on April 19 that controversial former government adviser Pieter Rootman had laid charges against Mpumalanga director-general Coleman Nyathi and demanded R5million in damages from the province. Rootman claimed that Nyathi and Mpumalanga premier Ndaweni Mahlangu defamed him by publicly implicating him in alleged donor fraud. Special auditor-general’s report last year said that Rootman received R682 500 in donor funds from Billiton Development Trust and R502 000 from tax payers. Rootman admitted receiving the money but insisted it was fair compensation for his work as former Premier Mathews Phosa’s adviser. Rootman said that he was forced to bring criminal charges against Nyathi after nine months of negotiations with the provincial administration, and the ANC had failed to clear his name. “Nyathi made incorrect comments to the auditor-general and omitted to supply all the relevant evidence to him. Government admitted during negotiations that the charges against me were wrongly instituted,” he said. He added that the meeting with ANC provincial executive committee member Boy Nobunga and secretary-general Solly Maseko on April 7 resulted in a signed undertaking by the ANC that the government would withdraw the charges.
“Business Day” said that Maseko refused to explain why the ANC signed on behalf of the government. Meanwhile, the government rejected the agreement and pledged that Rootman would be prosecuted.
