|
M&G journalists warned of criminal charges |
| Publication |
Mail and Guardian |
| Date | 2012-07-26 |
| Reporter | Phillip De Wet |
| Web Link | www.mg.co.za |
M&G editor-in-chief Nic Dawes and investigative reporters Sam Sole and Stefaans
Brummer have been told they are suspects in a criminal investigation.
Sole, Brümmer and Dawes have been told they are
suspects in a criminal investigation that could, in theory, earn each of
them 15 years in jail.
Sole and Brümmer are managing partners at the M&G Centre for
Investigative Journalism, amaBhungane.
The three reported for "
warning interviews" at police offices in Pretoria on Thursday to hear
charges on the theft of
confidential records and disclosing information relating to a confidential
inquiry by the National Prosecuting Authority (NPA).
Prosecutors will now have to consider whether to proceed with prosecution in the
matter.
"We were informed of our right to remain silent, of our right to have an
attorney present and told we could make a statement," said Dawes.
The investigation springs from
criminal charges laid against the three by presidential spokesperson Mac
Maharaj in November 2011. Maharaj contends the M&G cannot lawfully be in
possession of a transcript of evidence that he and his wife gave at an NPA
enquiry related to the arms deal held in 2003.
Arms deal links
That interview was conducted in the course of an investigation into
allegations that Maharaj and his wife received large sums of money from
companies associated with the arms deal and with Schabir Shaik, at a time when
other Shaik companies were bidding for contracts from the transport department.
Maharaj was transport minister at the time.
The warning interviews were conducted in Pretoria, just two blocks away from the
Union Buildings.
Dawes said there were indications that the investigation could be broadened to
other newspapers, but City Press said it had not yet been informed
whether it was a target. Though the M&G refrained from publishing details
of the 2003 proceedings, City Press
published extracts in 2007 and again in November last year – a week after
Maharaj laid his criminal complaint against the M&G.
"There is the worry that this legislation may be used in an attempt to
prevent journalists from doing their jobs and reporting important
information in the public interest," said Dawes.
The M&G has launched a high court bid for formal permission to publish
the transcript of the confidential inquiry after formal requests to the national
director of public prosecution (NDPP) were denied. The paper contends the
material is already in the public domain and that publishing it is in the public
interest.
Legal threats
The interviews with Mac and Zarina Maharaj were compelled under Section 28
of the National Prosecuting Authority Act. Giving testimony to such an inquiry
is not optional and those interviewed may not invoke a right to silence, even if
they incriminate themselves. But such a record may not be used in a court of law
or in prosecuting those interviewed – unless certain extraordinary conditions
are met. One of those conditions is if interviewees intentionally lie to the
inquiry.
The
M&G
blacked out portions of an article that was due for publication on November
18 last year after legal threats from lawyers acting for Maharaj. Maharaj
subsequently accused the paper of knowingly receiving stolen goods and of
invoking undue fears of censorship in the context of a debate around the
Protection of State Information Bill.
It subsequently emerged that Maharaj may himself be guilty of breaching the law
under which Dawes, Brümmer and Sole are being investigated. In October 2005 he
provided a transcript of the crucial interview to his biographer Padraig
O'Malley – legal experts say doing so without formal permission from the NDPP is
an offence, even though Maharaj was the interviewee.
Disclosing the contents of such an inquiry carries a potential 15-year jail
term.
Maharaj could not be reached for comment.
With acknowledgements to
Phillip De Wet and Mail and Guardian.More Arms Deal shenanigans.
But it's amazing the new power of the new presidential spokesman.