On June 19 2007, a case in which the privately owned Nation magazine is being sued for E5 million (approx. US$ 750,000) by a Mbabane businessman for alleged defamation, resumed at the Swaziland High Court. However, the case could not proceed as Nation raised an objection around supplementary papers filed by the applicant, businessman Kareem Ashraff. Lawyer Bob Sigwane, representing the magazine, objected that the matter should continue because they were served with the supplementary affidavit late. He said there was no prejudice that would be suffered by applicant if the matter was postponed because this was a delay of their own making. Advocate Dave Smith, representing Ashraff, agreed that the supplementary papers were submitted to the respondents only the previous day. He said the court had the discretion to permit utilization of the documents if satisfied that the late discovery of the documents would not prejudice the opposition. The judge then reserved judgement on the objection by the Nation magazine. Businessman Ashraff claims to have been defamed by an article published by the Nation in November 2005 claiming that the businessman’s company, Union Supplies, was “milking” the Swazi government. The company supplies goods to the Swaziland Defence Force. The Nation based its article on a government report published by the Auditor General which accused a number of local companies, including that of Ashraff, of corruption resulting in government losing millions of Emalangeni through inflated invoices and other underhand methods. • ALERT Date: May 4, 2007 Persons: Reporter Nhlanhla Mathunjwa Violation: Beaten On May 4, 2007 a journalist with the Times of Swaziland was assaulted in the line of duty, ironically a day after the celebration of World Press Freedom Day whose theme was the safety of journalists and impunity. Reporter Nhlanhla Mathunjwa was assaulted whilst at the Times offices by an ex Deputy Sheriff, Doctor Myeni, currently in the news for allegedly stalking and harassing a female gospel singer whom he claims is his girlfriend. Myeni reportedly stormed the Times newsroom where he assaulted the reporter. Police had to be called to calm the situation. Myeni claimed the reporter wrote and published a story about him which he said was not true. The article in contention was published on the same day (May 4) and it claimed Myeni had been arrested for common assault and appeared in court. Myeni argued that he was neither arrested nor ever appeared in court for such an offence. The article alleged Myeni assaulted a Catholic nun whilst pursuing the gospel artist whom he claims is his girlfriend. When Myeni stormed the Times offices, he evaded security and confronted Mathunjwa in the newsroom who he assaulted after a brief altercation. Mathunjwa’s colleagues came to his defence and threatened to assault Myeni if he persisted to harass the reporter. It was then that police had to be called. Police took both Mathunjwa and Myeni to the police station where statements were recorded. Mathunjwa later laid a charge of assault against Myeni and the case was supposed to be heard by the National Court on May 7, 2007. • ALERT Date: March 28, 2007 Persons: Media in Swaziland Violation: Victory (Positive legislation) On March 28 2007, five new media Bills, including the Freedom of Information (FOI) Bill, So This Is Democracy? 2007 -94- Media Institute of Southern Africa