The Star Late Edition

Commission’s pressure on journalist draws more fire

- SIHLE MAVUSO sihle.mavuso@inl.co.za

AN attempt by a Zondo Commission of Inquiry into State Capture investigat­or to force a journalist to reveal confidenti­al informatio­n has attracted the wrath of the Committee to Protect Journalist­s (CPJ).

CPJ Africa programme co-ordinator Angela Quintal criticised the attempts of the investigat­or, Frank Dutton, to force an Independen­t Media political journalist, Bongani Hans, to hand over notes and audio recordings of an interview he had in August with retired ANC politician, former KwaZulu-Natal MEC and KZN deputy speaker Meshack Radebe.

Radebe revealed that he witnessed bribes being paid to ANC delegates at the 2017 elective conference at Nasrec. The revelation­s also drew the attention of Paul Hoffman, SC, of the lobby group Accountabi­lity Now, who emailed the reporter on October 8, demanding details of his interactio­n with Radebe.

While Hoffman was exerting pressure on Hans to provide him with informatio­n that could compromise a source, Dutton got involved.

On October 13, he contacted Hans, and told him that Hoffman had sent him informatio­n concerning the Radebe interview and demanded any transcript­s of the interview.

The reporter told Dutton that he was concerned about the ethical implicatio­ns of the request.

Dutton later approached Independen­t Media’s offices in Durban to speak to Yogas Nair, KZN executive editor, who turned him down. This led to him threatenin­g that the commission would subpoena Nair and Hans to appear before it.

In response, Quintal said protecting sources was a cardinal tenet of the craft of journalism, and reporters were ethically bound to do so, even to the extent that they would be prepared to go to jail rather than expose their sources, particular­ly where informatio­n was given confidenti­ally and in good faith.

She said dating back to former president Nelson Mandela’s administra­tion, an understand­ing was reached between the SA National Editors’ Forum and the then justice minister, Dullah Omar, that despite Section 205 of the Criminal Procedure Act still being in force, it would not be used to force journalist­s to disclose confidenti­al informatio­n or their sources.

“This agreement continues to this day. You will recall that S205 is the provision that under apartheid was used to force journalist­s to disclose confidenti­al informatio­n, and if they refused, they were jailed. Thankfully it has not been used this way in a democratic South Africa…”

Zondo Commission spokespers­on Reverend Mbuyiselo Stemela had not responded by publicatio­n deadline.

Dutton has referred all questions to the commission.

 ??  ?? Advocate Paul Hoffman
Advocate Paul Hoffman

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