Archive

Archive for August, 2010

About the South African Constitution

August 30th, 2010 No comments

Minister of Finance Pravin Gordhan restates our constitution:

The constitution enjoins us to

Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

Improve the quality of life of all citizens and free the potential of each person; and

Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations. “

Source: http://bit.ly/9f9tQi

#zamediafreedom

August 12th, 2010 No comments

Here’s whats being said on twitter about South African media freedom and the ANC’s  moves to “deter” the media.
http://search.twitter.com/search.atom?q=%23zamediafreedom

Invite: Critical Thinking Forum Invitation: Media Freedom in South Africa: Is it under threat? Atlas Studios. Wednesday 11 August 2010

August 10th, 2010 No comments

wa Afrika – glad to be home

August 8th, 2010 No comments

Please don’t let them take me to Mpumalanga.

There is mounting evidence that political pressure lay behind the arrest this week of Sunday Times journalist Mzilikazi wa Africa, despite furious denials from police top brass.

SOS: Support Public Broadcasting Colation

August 6th, 2010 No comments

http://supportpublicbroadcasting.co.za/

SABC CRISIS DEEPENS – PARLIAMENT MUST INVESTIGATE, BOARD CHAIR MUST RESIGN OR BE REMOVED

6 AUGUST 2010

The SOS Campaign representing trade unions (including Cosatu, Fedusa and Bemawu), NGOs (including Media Monitoring Africa, the Freedom of Expression Institute and Misa-SA), CBOs, industry related bodies (including SASFED), academics and freedom of expression activists notes with dismay the seemingly endless governance problems at the SABC.

From media reports it appears that the Chair of the Board, Dr Ben Ngubane and the CEO, Mr. Solly Mokoetle are again involved in decisions that flout good corporate governance practices and procedures. It appears that the CEO, Mr Solly Mokoetle, without Board approval, has authorised additional bonuses to staff. These discretionary bonuses related to the World Cup are reportedly costing the public broadcaster R4.5m – and this at a time of great financial strain for the broadcaster. Further, there seems to be some controversy around whether these payments were in fact in lieu of overtime.

The interim Board of the SABC arranged a R1.47bn government guarantee in 2009 to pay back the SABC’s debts and further to assist with the implementation of a much needed turn-around strategy. The understanding from National Treasury was that the starting point was that all unnecessary spending would be strictly curtailed. So even if the CEO did not require specific Board approval for the World Cup bonuses, the wisdom of the decision must surely be questioned.

The Coalition believes that the ongoing crises at our public broadcaster have become so serious that urgent intervention from Parliament is, sadly, once again required.

We believe the following interventions should be undertaken by the Board:

1)    First, the Board needs to pass a resolution of no-confidence in the Chair for non-compliance with Board procedures and decisions.
2)    Second, the Board needs to pass a resolution to send a formal letter to the Speaker of Parliament requesting the National Assembly to initiate an enquiry into the alleged misconduct of the Chair with a view to removing him from the Board on the grounds of misconduct in terms of the sections 15, and 15A of the Broadcasting Act.

If the Board is effectively paralysed and cannot act in the ways we suggest, then we call upon Parliament to act. Parliament must (as it is legally entitled, indeed required, to do in times of crisis involving the SABC) initiate its own enquiry into what appear to be serious violations of corporate governance processes involving the Chair of the SABC Board. If after due enquiry it is clear that such violations have taken place, then Parliament must act to remove the Chair. Parliament cannot afford to drag out these crises in the same way it did over the crises that plagued the previous SABC Board.

SOS notes that the Board has been in office for the last seven months and yet we have little to show for this.  No new vision for the SABC appears to have been crafted and the much-talked-about turnaround strategy is still not forthcoming.  Further, communication with the general public in terms of its numerous corporate governance breaches and crises has been grudgingly scarce. For the most part the public has been forced to rely on media leaks.

SOS reiterates once again the critical importance of the SABC fostering a culture of transparency and communication. As a public broadcaster, the SABC’s main stakeholder is the public. Hence the SABC needs to ensure that its decision-making and governance processes – and the details of the crises and how they are being handled – are effectively communicated to the nation.

Further, SOS is considering taking up the numerous corporate governance breaches with the Public Protector. It is critical to restore the credibility of the SABC and this may be one important way.

Finally, SOS notes the comments made in today’s Mail & Guardian newspaper that there are further crises around the appointment of the Head of News and that allegedly divisions have arisen in terms of the disciplining of the CEO, Solly Mokoetle. SOS believes that this further confirms the need for the proposals we have outlined above.

For more information please contact:

Kate Skinner – SOS Coordinator – 082-926-6404
William Bird – Executive Director Media Monitoring Africa – 082-887-1370
Siphiwe Segodi – Freedom of Expression Network – 072-655-4177
Matankana Mothapo – Spokesperson Communications Workers Union – 082-759-0900
Hannes du Buisson – President Broadcasting Electronic and Media Workers Union – 082-920-8669
Marc Schwinges – Communications SASFED – 083-901-2000
Ayesha Kadjee – Executive Director FXI – 083-500-7486

Civil Society Statement on Protection of Information Bill – Let the Truth be Told – Stop the Secrecy Bill

August 5th, 2010 No comments

All South African citizens must act to stop this unnecessary and clandestine piece of legislation. Read the Civil Society statement on the Protection of Information Bill. You can read the Bill and a few responses after the Civil Society Statement below:

A responsive and accountable democracy that can meet the basic needs of our people is built upon transparency and the free flow of information. The gains of South Africans’ struggle for freedom are threatened by the Protection of Information Bill (the Secrecy Bill) currently before Parliament. We accept the need to replace apartheid- era secrecy legislation. However, this Bill extends the veil of secrecy in a manner reminiscent of that same apartheid past. This Bill fundamentally undermines the struggle for whistleblower protection and access to information. It is one of a number of proposed measures which could have the combined effect of fundamentally undermining the right to access information and the freedom of expression enshrined in the Constitution.

Our concerns:

The Bill will create a society of secrets

  • Any state agency, government department, even a parastatal and your local municipality, can classify public information as secret.
  • Anything and everything can potentially be classified as secret at official discretion if it is in the ‘national interest’. Even ordinary information relating to service delivery can become secret.
  • Commercial information can be made secret, making it very difficult to hold business and government to account for inefficiency and corruption.
  • Anyone involved in the ‘unauthorised’ handling and disclosure of classified information can be prosecuted; not just the state official who leaks information as is the case in other democracies
  • The disclosure even of some information which is not formally classified can land citizens in jail. This will lead to self- censorship and have a chilling effect on free speech.
  • Whistleblowers and journalists could face more time in prison than officials who deliberately conceal public information that should be disclosed A complete veil is drawn over the workings of the intelligence services.
  • It will prevent public scrutiny of our spies should they abuse their power or breach human rights.

Who will guard the guardians?

  • Officials do not need to provide reason for making information secret.
  • There is no independent oversight mechanism to prevent information in the public interest from being made secret.
  • The Minister of Intelligence, whose business is secrecy, becomes the arbiter of what information across all of government must remain secret or may be disclosed to the public.
  • Even the leaking of secret information in the public interest is criminalised.
  • Unusually severe penalties of up to 25 years in prison will silence whistleblowers, civil society and journalists doing their job.
  • All these factors will limit public scrutiny of business and government, whether through Parliament or journalists. Accountability will be curtailed and service delivery to the people will be undermined.

Our demands:

The Constitution demands accountable, open and responsive government, realised among other things through freedom of expression and access to information. Our elected representatives are bound by these Constitutional values and any legislation they pass must comply. We demand that the Protection of Information Bill – the Secrecy Bill – must reflect the following: ·

  • Limit secrecy to core state bodies in the security sector such as the police, defence and intelligence agencies.
  • Limit secrecy to strictly defined national security matters and no more. Officials must give reasons for making information secret.
  • Exclude commercial information from this Bill
  • Do not exempt the intelligence agencies from public scrutiny.
  • Do not apply penalties for unauthorised disclosure to society at large, only those responsible for keeping secrets.
  • An independent body appointed by Parliament, and not the Minister of Intelligence, should be the arbiter of decisions about what may be made secret.
  • Do not criminalise the legitimate disclosure of secrets in the public interest.

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Sign on today!

The deadline for signatures is Friday, 13 August 2010..

Who signs on:

  • Civil Society Organisations (South African based)
  • International friends (organisations) who share our concerns
  • Individuals (mobilise prominent women and men to support the statement)

How to sign on:

Send the name of your organisation and the details of a contact person to Hopolang Selebalo at the Institute for Security Studies (ISS) who is co-ordinating the collection of signatures – hselebalo@issafrica.org.

Join the discussion:

Join the Information AccessNow e-mail discussion group to receive news (including of meetings) and inform others of activities you are involved in. Send an e-mail to Mark Weinberg at majimaji11@gmail.com. Subject: Subscribe: InfoAccessNow.

Spread the word:

Circulate the statement as widely as possible to organisations in all sectors.

Public Meeting:

A public meeting will be held on Wednesday 11 August 2010 (11h00) at the ISS offices in Woodstock, Cape Town (2nd Floor, The Armoury Building, 167 Sir Lowry Road) to discuss next steps. Please attend. Similar meetings are planned for Johannesburg and Durban.

Enquiries:

Mark Weinberg
AIDC
Tel: 021 447 5770
E-mail: mark@aidc.org.za

Protection of Information Bill State Security – South Africa

Idasa Reponse to Protecrtion of Information Bill – Hearings

Ministerial Review Commission on Intelligence – MEMORANDUM ON THE PROTECTION OF INFORMATION BILL