SA casts a shadow over freedom of expression in Africa

The following article was published online by the West Cape News

The South African government’s assault on media freedom over the last 18 months has emboldened other African states to further clampdown on frees speech said South African National Editors’ Forum chair Mondli Makhanya.

Speaking in Cape Town to the Southern African Freelancers Association on Wednesday, Makhanya, who is also editor-in-chief of Sunday Times publisher Avusa, said South Africa’s introduction of the Protection of Information Bill (POIB) and the mooting of a Media Tribunal had an negative effect on freedom of expression in other states on the continent.

South Africa was viewed as “a beacon” of freedom of expression and if it was seen to be clamping down on the free flow of information, other states were of the view that “if South Africa is doing it, then it is ok”.

Only eight of Africa’s 54 countries have any legislation guaranteeing freedom of expression, but Zimbabwe – well known for it’s stranglehold on the press – is one of these eight, said Media Institute of Southern Africa’s specialist in media law, Karen Malone.

Malone seconded Makhanya’s comments, saying governments in the Southern African Development Community (SADC) were “definitely” emboldened by South Africa’s moves against the free flow of information.

The international Committee to Protect Journalists has reported on a crackdown on media in Malawi reporting on recent anti-government protests but Malone said it was difficult to show a marked increase in arrests and attacks against the media.

However, there was “definitely a slowdown” in the push towards greater freedom of expression laws in African countries of late.

She said other African states looked to South Africa as an example.

“South Africa was always at the forefront of freedom of expression, even having constitutionalised it,” she said.

“I would agree with Mondli,” said Right 2 Know campaign national coordinator Murray Hunter, “but we’re not just viewing an attack on media freedom but a much broader pattern of a clampdown on the flow of information.”

Hunter said states were bolstering the powers of their intelligence sectors and shrouding their work in secrecy.

The “face off” between the state and the media were just one part of this trend.

The rise in the “security cluster” was not just confined to Africa but was a global phenomenon which included limiting the right to assemble and the militarization of the police.

However, he also agreed with Makhanya in that the fact that South Africans were not prepared to take the POIB lying down was a positive factor.

Makhanya said it was heartening that “just as civil society, led by the media, stood up to former president Thabo Mbeki” in opposing his policies on HIV and Aids, “South African society is pushing back against government’s attempts to muzzle the media”.

Makhanya said South Africans “slowly chip away at what the ANC is doing” and had forced significant concessions regarding the POIB.

Even when they “tried to pull a fast one” two months ago when the Parliamentary Committee tried to a rush attempt to complete the bill, “we again stood up”.

He said the bill looked very different now although there were still “very problematic areas” and “we may still have to go to the Constitutional Court”.

The media and civil society had similarly resisted the introduction of a media tribunal as proposed by the ANC.

“But I don’t think that war is over,” warned Makhanya.

However, the fact that South Africans did not simply throw their hands up in despair in the face of government pressure is what gave him “hope in this country”.

“Public from across a broad spectrum have risen up and said ‘we don’t accept this’,” said Murray.

However, he said on Wednesday night the ANC did “a U-turn on their U-turn”, proposing to expand the definition of national security in the POIB so that economic interests and service delivery information could be included as classifiable. The new proposed definition would reverse recent concessions made on the bill.

Source West Cape News