28 November 2012

FXI CONCERNED OVER BANNED ADVERT BY THE SABC

The FXI notes that the SABC has withdrawn an advertisement depicting the
president.  The FXI is of the opinion that this action by the SABC may constitute censorship in the absence of an explanation as to why the advert was banned.  A public broadcaster is supposed to act in the interests of all citizens ensuring that there give the platform for a free flow of information.

This is especially concerning as this is not the first time that the SABC has banned an advert for one reason or the other but what is more concerning is that this follows shortly after the SABC agreed to settle a dispute with the FXI over editorial "blacklisting" and undertook to avoid arbitrary action of this kind in future.

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“BLACKLISTING” COMPLAINT LODGED BY FXI AGAINST THE SABC TO BE HEARD TODAY

The matter between the Freedom of Expression Institute (FXI) and the South African Broadcasting Corporation (SABC) is finally to be heard by the Complaints Compliance Committee (CCC) of the Independent Communications Authority of South Africa (ICASA) today.

The complaint lodged by the FXI first came about when allegations of a ‘blacklist’ that was implemented by the then Group Executive of News of the SABC, Dr Snuki Zikalala, surfaced. The ‘blacklist’ allegedly contained the names of certain political commentators which Dr Snuki Zikalala had instructed his staff not to use because of their political views on the Thabo Mbeki presidency. These commentators held particular views on the African National Congress (ANC) succession debate and so the ‘blacklisting’ of these commentators indicated that Dr Snuki Zikalala may have been politically motivated in excluding the comments of the ‘blacklisted’ commentators.

A Commission of Enquiry was then set up to investigate these allegations against the SABC and found that Dr Zikalala had indeed instructed his staff not to use certain  commentators and that his instruction to do so was unjustified. The FXI then launched a complaint with ICASA based on the findings of this Commission. The FXI has argued in its complaint that the SABC has violated its founding statute, the Broadcasting Act, the ICASA Act, the Constitution and its licence conditions in excluding some commentators from commenting on the succession debate.

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27 SEPTEMBER 2012

EFFORTS TO CURTAIL WORKERS’ FREEDOMS HAMPER MEANINGFUL RESOLUTION OF CONFLICT

The FXI is deeply concerned at on-going violations of workers rights’ to gather and organise in the Rustenburg area of the North West Province. The area is currently plagued by a rash of strikes by workers in the platinum mining sector, and is also still reeling from the massacre of 36 workers at nearby Marikana last month. Workers at the Royal Bafokeng Mine and Anglo Platinum Mine in Rustenburg have been on strike for the past two weeks.

Reliable information received by the FXI paints a picture of a shrewd disregard for the law and workers’ rights to freely assemble.
In an incident last week, the Rustenburg Joint Strike Coordinating Committee reports that the police refused to issue a permit to the committee for a mass meeting that was to be held at Bleskop Stadium (Anglo Platinum) on Wednesday, after initially indicating that the permit would be granted. The permit was refused on the grounds that another union had a permit for a rally there, but the police refused to produce proof of such a permit.

In other incidents, permits to assemble have been issued and then withdrawn on dubious legal grounds. Late last week, the Rustenburg Local Municipality issued a notice to the Strike Committee, of which the FXI has a copy, indicating that permission for a mass meeting on Monday the 24th was disapproved on grounds that “striking workers are allegedly contravening the rights of the workers through intimidation, assaults and denying them to exercise their rights of not participating in the strike”.

24 August 2012

FXI Welcomes appointment of Presidential Commission of Inquiry into Marikana Massacre

The Freedom of Expression Institute welcomes the timeous appointment of a Presidential Commission of Inquiry into the Marikana Massacre, to be headed by Justice Ian Farlam.
The events in Marikana on August 16 marks the tragic apex of growing problems around the right to protest which people in poor communities across South Africa have been experiencing over recent years. The death of Andries Tatane in April last year, is no less a similar reminder of how the right to protest can be systematically undermined and repressed in this country.
While these incidents demonstrate in shocking detail the use of brutal force to break up demonstrations or protests, the FXI has also documented other abuses by authorities to silence protests. These include illegal prohibitions on marches; bureaucratic procedures to stall protests; and the suspicious arrests and charging of community leaders ahead of protests.

2 AUGUST 2012

DON’T SILENCE THE MESSENGES

The FXI is concerned at the way in which Presidential Spokesperson, Mac Maharaj, is aiming to silence and criminalise the messengers who have uncovered allegations of corruption on his part during the so-called “Arms Gate” scandal of 2003.

This comes after three journalists from the Mail & Guardian newspaper – Nic Dawes, Stephaans Brummer and Sam Sole - were formally warned that they could face criminal charges in terms of Section 48 of the National Prosecuting Authority (NPA) Act for disclosing information obtained during a NPA investigation.

The information in question was apparently evidence that Mr Maharaj and his wife gave to the NPA as part of its investigation into corrupt dealings around a large arms deal contract. It was part of an article in November 2011, which the M&G eventually did not publish in full, which alleged that Mr Maharaj and his wife had received large sums of money from companies associated with the arms deal and from other companies bidding for contracts with the Department of Transport. Mr Maharaj was Minister of Transport at the time.

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17 JULY 2012

FXI CONDEMNS SCARE TACTICS AIMED AT SUPPRESSING PEOPLE’S RIGHT TO PROTEST

The Freedom of Expression Institute (FXI)  is deeply concerned about  the alleged assault on freedom of expression by Umlazi Councillor, Nomzamo Mkhize.
According to reports received by the FXI, Ms Mkhize along with a group of her supporters allegedly assaulted and intimidated a member of the local community, Ms Thabile Ngcobo, on July 15 as Ms Ngcobo was returning from a local community meeting.
Ms Ngcobo was allegedly slapped and kicked while being questioned on why she had attended the meeting. He assailants then also took a blade and cut off a T-shirt she was wearing that was promoting FAMWU (the Farm Workers Union).

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MEDIA STATEMENT

13 JUNE 2012

FXI DISAPPOINTED BY THE CONSTITUTIONAL COURT JUDGMENT IN THE SOUTH AFRICAN TRANSPORT AND ALLIED WORKERS UNION AND CONGRESS OF SOUTH AFRICAN TRADE UNIONS V GARVIS AND OTHERS

The FXI is disappointed by the judgement of the Constitutional Court yesterday dismissing the appeal made by the South African Transport and Allied Workers Union (“SATAWU”) and Congress of South African Trade Unions (“COSATU”) to declare section 11 of the Regulations of Gatherings Act 205 of 1993 (“RGA”) unconstitutional as it limits the right to freedom of expression and the right to freedom of assembly provided for in sections 16 and 17 of the Constitution.

The Unions made an application to the Constitutional Court, appealing a judgment of the Supreme Court of Appeal, seeking the court to declare section 11 of the RGA unconstitutional.  The section states that a convenor of a gathering whether it be an individual or an organisation can be held liable for the damage that may come as a result of riot damage immediately before, during and immediately after the gathering.  In this particular instance private citizens were claiming damages from SATAWU as a result of damage which was caused during a strike in 2006 where it is estimated that the overall damage amounted to R1.5 million.

The FXI was admitted as a friend of the court (amicus curiae) in the case and submitted to the Court that the particular phrase in subparagraph 11(2)(b) is an unconstitutional infringement of a number of interrelated rights and principles in the Constitution, namely the right to freedom of assembly, the right to freedom of expression and the principles of the rule of law and democracy.  The FXI further submitted that the right to freedom of assembly contributes to the fundamental goal of maximising the opportunity for individuals to participate in the project of creating, and sustaining an open and democratic society. The right is therefore of fundamental importance, particularly in the context of a society in which assemblies, with all their potential for disruption, are often the only way for individuals to give voice to their grievances, and to do so effectively.