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ALERT - SOUTH AFRICA
5 June 2007
FXI welcomes court ruling refusing Transport Department's request for pre-publication interdict against newspaper
SOURCE: Freedom of Expression Institute (FXI), Johannesburg
(FXI/IFEX) - The following is a 31 May 2007 FXI press release:
FXI welcomes court ruling on Beeld e-Natis interdict
The Freedom of Expression Institute (FXI) welcomes the fact that, earliertoday, the Pretoria High Court refused to grant an interdict against Beeldnewspaper, sought by the Department of Transport.
The newspaper was seeking to publish the findings of a leaked report by theAuditor General into security glitches in the controversial electronictraffic information system, the e-NaTIS system. When Beeld approached theDepartment for comment, it responded by seeking an urgent interdict.
This judgement confirms a recent tendency on the part of our courts to beextremely reluctant to grant pre-publication interdicts. This is a welcomedeparture from an earlier trend, where courts were somewhat cavalier withthe media's right to publish controversial information. The judgement isyet another indication that the tide is turning against pre-publicationcensorship, and confirms the fact that the courts cannot be used so easilyanymore to frustrate media freedom.
However, while this judgement is a victory for media freedom, it does callinto question the conduct of the Department of Transport. It is unfortunatethat the taxpayer will now have to foot the bill for the entire episode, asthe court awarded costs against the Department, and amounts to a waste oftaxpayer's money. Government departments should desist from using publicmoney to pursue foolhardy, but expensive attempts, to cover up examples ofmaladministration.
For further information, contact FXI at P.O. Box 30668, Braamfontein, 2017,Johannesburg (Street Address: 21st floor, Sable Centre, 41 De Korte Street,Braamfontein, 2001, Johannesburg), South Africa, tel: +27 11 403 8403/4,fax: +27 11 403 8309, e-mail: jduncan@fxi.org.za, Internet:http://www.fxi.org.za
The information contained in this alert is the sole responsibility of FXI.
In citing this material for broadcast or publication, please credit FXI.
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