Bate Felix
First published on the www.journalism.co.za website
The South African Editors Forum (Sanef) and the Freedom of Expression Institute have condemned the secrecy and exclusion of the media from the court appearance of former deputy president Jacob Zuma on rape charges.
Zuma appeared in the Johannesburg Magistrate's Court on Tuesday morning. According to media reports, the media and the public were bared from the proceedings.
The Star newspaper reported that the court was "surrounded by an army of bodyguards, as Zuma entered the courts through a side door generally used for prisoners". Journalists from the newspaper were prevented from attending the proceedings by heavily-armed police officers and bodyguards at the courtroom door and a photographer was prevented from taking pictures… when Johannesburg Police Area Commissioner Oswald Reddy was questioned about the illegal exclusion; he replied that – "This is highly confidential, no one is allowed in," the paper reported.
Also, it was reported that there was no sign of a charge sheet against Zuma, nor was there an entry in the court log that Zuma had appeared there.
Sanef deputy chair person Elizabeth Barratt said that the events of the Johannesburg Magistrate Court are reminiscences of the past: "This is the journalism that we used to know, with things happening behind close doors and the media being kept out."Sanef issued a statement saying that it is alarmed at this secrecy, which is contrary to the spirit of the Constitution and the openness and transparency of justice for which it stands.
It said it believes that all citizens should be equal before the law and special treatment should not be given to the rich or powerful in society. Barratt added that Sanef was going to discuss the issue and decide what to do.
After his appearance in court, Zuma issued a statement through his lawyers in which he stated that he was deeply disturbed that what is purported to be evidence has been led in the media. The statement said that this had severely influenced public opinion on this matter, causing him great prejudice. "…as with the corruption case; the media has passed judgement…" the statement read.
The Freedom of Expression Institute (FXI) condemned "the harassment of the journalists in the court house and the action of the area commissioner to unilaterally declare the proceedings in camera".
Jane Duncan of the FXI said it was "absurd, and smacks of collusion between the police area commissioner with Zuma's team to shield him from further public embarrassment. In fact the police became an extension of Zuma's bodyguards," Duncan called on the journalists concerned to lay complaints with the Independent Complaints Directorate.
She added that section 153 of the Criminal Procedure Act governs circumstances when a court can be closed. In terms of this provision, the court must make the decision, not the police. It was not the role of area commissioner Reddy to usurp the magistrate's powers to decide whether to close the court.
Zuma's appearance was preliminary, so the provisions around the closure of the court to protect the testimony of the accused or witnesses simply would not apply in this case. The police therefore violated s.153 of the Act as they did not follow due process in having the closure of the court considered by the court itself, according to Duncan.
The Star reported that presiding magistrate Johan Boudrix said he was surprised to hear the media had not been allowed into court. He said there had been no application to hold proceedings in camera, and as far as he was concerned the court had been open. It also reported that the Chief Magistrate of the Johannesburg Regional Court, Gert Jonker, said that the court case, as far as he was concerned, was an open matter, and there was no ruling preventing the media from attending the case.
The trial is set to begin on the 13th of February 2006. Jane Duncan warned that "these events bode ill for the media's ability to cover the trial as it unfolds and sound warning bells that attempts may be made by Zuma's team to hold the trial in camera".
Wednesday, 07 December, 2005
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