Publication: The Star Issued: Date: 2003-11-12 Reporter: Sapa

Munusamy Ruling Raises Media Fears

 

Publication 

The Star

Date 2003-11-12

Reporter

Sapa

Web Link

www.thestar.co.za

 

The Bloemfontein High Court's refusal to excuse journalist Ranjeni Munusamy from testifying before the Hefer Commission sets "a frightening precedent", according to media organi- sations.

They warned yesterday that in future, journalists - as the most easily identifiable sources of stories - would become by definition "the primary sources" of information and hence obligated to testify or reveal their sources to prosecuting authorities, courts of law or other judicial forums at whim.

The SA Chapter of the Media Institute of Southern Africa, the Freedom of Expression Institute, the SA National Editors' Forum and the Media Workers Association of Southern Africa said the judgment had largely ignored the persuasive wisdom of international tribunals which had held the "last-resort principle" to be an important pillar of media freedom.   

Free State Judge President J P Malherbe yesterday dismissed Munusamy's alternative re- quest - that she be called to the stand only after all other potential sources had been exhausted.

He found that retired judge Joos Hefer's ruling that Munusamy must testify before other witnesses were called did not violate any of her constitutional rights.

Judge Malherbe said Munusamy was the obvious place to start Hefer's inquiry into allegations that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid-era spy.

With acknowledgements to Sapa and The Star.