The African Union has affirmed the importance of freedom of expression as a "cornerstone of democracy and a means of ensuring respect for all rights and freedoms." Freedom of expression and of the media must be protected and promoted if the democratization process in Southern Africa is to be consolidated and deepened. This may be achieved through educational seminars, advocacy and litigation at the domestic, regional and international level around these issues. If litigation strategies are to be effective it is critical that adjudicating courts be independent, impartial and competent and lawyers should have the legal capacity and expertise to fully inform presiding judges. The relevant domestic constitutions should guarantee human rights and in particular freedom of expression and of the media. There should be freedom of expression and information legislation that is consistent with human rights standards in domestic constitutions, regional and international human rights instruments. The use of comparative law in litigation strategies will be critical to ensure success.

 

The programme was thus designed in view of the widespread violations of freedom of expression and the media in Southern Africa. The type of violations include censorship, restrictive control and regulation of the media by the state, threats of economic and criminal sanctions against critical newspapers and journalists, criminal defamation and insult laws, threats of extra-judicial physical harm against investigative journalists and absence or under-utilization  of access to information legislation.

SALC’s Work

Collaboration with local, regional and international media organizations and lawyers concerned for freedom of expression and of the media through:

• monetary support in specific cases on freedom of expression and the media;
• technical legal assistance by a network of media lawyers in media related cases;
• training workshops to facilitate information sharing by media lawyers, judicial officers, and media practitioners on advocacy and litigation strategies;
• setting up a media defence website where useful material such as case law, articles, press releases, best practices, media regional networks, media legislation and human rights instruments may be posted.

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Latest News

Suppression of Terrorism Act challenged

SALC is working with OSISA to launch a case in Swaziland challenging the Suppression of Terrorism Act (STA). The application should be filed in the Swazi High Court by the end of March 2011. Amnesty International did an analysis of the STA in January 2009 and has been actively doing some advocacy work on this repressive law. SALC has since consulted Swazi counsel, Mangaliso Nkomondze, who will be assisted by Advocates Max Du Plessis and Beatrice Mtetwa in the litigation.  According to Mr Nkomondze we should be allocated a date for hearing in April 2011. The specific objective of this litigation is to have the impugned provisions of the STA repealed. For instance the definition of terrorism in the STA is too broad and vague and it has sections which violate freedom of expression and association.

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Media Practitioners seek amendments to Media Practitioners Act

The challenge to the Media Practitioners Act (MPA) will finally be filed in the Botswana High Court in April 2011. The powers of attorney have now been submitted to counsel, Dick Bayford. The objective is to ensure that self-regulation prevails as the preferred system to regulate the media. The MPA has provisions which entrench statutory regulation and violate freedom and independence of the media.  Arguments should be heard in the Botswana High Court in May 2011.