AFRICA - House Foreign Affairs Committee Democrats

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to offer settlements without first going to court, and has expedited the resolution
process.
In May following land reform disturbances in a neighboring country during the
year, the media reported on a series of farm occupations by landless farm workers
in KwaZulu-Natal and Mpumalanga. Subsequent information showed that there
was no organized effort to seize land, and the occupations were by either longtime
squatters or claimants frustrated by long delays from the Commission on Restitution
of Land Rights. On May 10, President Mbeki stated before Parliament that the
Government would not tolerate land seizures.
There were reports of persons accused of witchcraft being driven from their villages
in rural communities (see Section 1.c.).
There are three known villages in the Northern Province in which persons accused
of witchcraft and their families were offered unused land by traditional leaders.
The villages have no running water or electricity. Although some persons accused
of witchcraft returned to their homes, many persons remained in the villages
and requested government assistance for schools and basic infrastructure.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.—The Constitution provides for freedom of speech
and of the press, and the Government respects these rights in practice; however,
these rights can be limited by law in some circumstances. Several apartheid-era
laws that remain in force pose a potential threat to media independence. In addition,
the Constitution bans the advocacy of hatred based on race, ethnicity, gender,
or religion that constitutes incitement to cause harm. Nevertheless, the press criticizes
both the Government and the opposition.
Several laws remain in effect that permit the Government to restrict the publication
of information about the police, the national defense forces, prisons, and mental
institutions. While these laws have not been employed often, journalists perceive
them to be a threat to constitutional free press rights. The Criminal Procedure Act
may be used to compel reporters to reveal their sources. In June 1999, the South
African National Editors’ Forum (SANEF) launched a media campaign to compel
changes to legislation that restricts the free flow of information. In July 1999,
SANEF and the Government reached an informal agreement to introduce safeguards
to prevent the use of the Criminal Procedure Act against journalists; however,
in September 1999 the Provincial Director of Public Prosecutions decided to
invoke a section of the Criminal Procedure Act against an unnamed person. The Act
reportedly was not invoked officially by year’s end. The SANEF continued to push
without success for a formal amendment of the Act that would ensure this agreement.
In June the National Police Commissioner announced that the Government would
withhold the release of current crime statistics and other information to the public,
on the grounds that crime statistics could not be verified and statisticsgathering
methods were inaccurate. He stated that the embargo was temporary but did not
set a date for it to be lifted. Judge Willem Heath stated that his anticorruption unit
also would reduce the amount of information given to the public regarding the
progress of his special investigations.
The Government used both legislative and structural means to encourage greater
diversity in the media. The media offer a broad range of news, opinion, and analysis.
Coverage of news and expression of opinion is vigorous. High-ranking government
officials on occasion have reacted sharply to media criticism of government
programs and problems, and have at times accused journalists, particularly black
journalists and editors, of disloyalty. Some journalists express concern that the Government
would like to control the media. A larger number of journalists believe that
the Government’s sensitivity to criticism causes self-censorship in the media.
In October police officers raided the offices of the South African Broadcasting Corporation
(SABC), Reuters, the Associated Press, and the Mail & Guardian newspaper.
Police confiscated material for use in the trial of PAGAD national coordinator
Abdus-Salaam Ebrahim and three others in the killing of Rashaad Staggie (see Section
1.a.). On July 5, there were reports that government officials harassed two journalists
who were covering a government staff protest. Officials temporarily confiscated
a camera, notebook and documents, but later returned them.
All newspapers are owned by conglomerates. In early September, 50 percent of
the Natal Witness Publishing Company was sold to the conglomerate Nasionale
Pers (Naspers). This sale reflected the growing dominance of the newspaper market
by a few companies that feature strong infrastructure and capital investment. One
of the prominent companies, New Africa Media, is a black-owned consortium that
controls the country’s leading black-oriented newspaper, The Sowetan, as well as a
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