State of the media in Southern Africa - 2003
her source while on the witness stand.
• DATE: November 18, 2003
PERSONS/INSTITUTIONS: SA media
VIOLATIONS: Legislation (legal action)

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awyers for a Cape businessman have applied for an urgent interdict and have brought an
Access to Information challenge against the Cape Argus newspaper to prevent it from
publishing an article, which they allege is “defamatory” and “injures [their] client’s dignity.”
George Hadjidakis, a major shareholder in the South African 7-Eleven chain and chairperson
of the Premier Soccer League club Hellenic, plans to use the Promotion of Access to Information Act (PAIA) to try to force the paper to hand over a draft of an article for his personal
perusal before it is published.
• DATE: November 13, 2003
PERSONS/INSTITUTIONS: Mail & Guardian
VIOLATIONS: Victory (positive judgement)

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n November 13 2003, Judge Essop Patel delivered a ruling that should give some relief to
media operations and journalists who are harassed by sources and others threatening
litigation to obtain copies of news articles before they are published, MISA said.
Judge Patel ruled in the Pretoria High Court that it would be an unnecessary burden for newspapers to hand over copies of articles and reports for public preview.
In a case involving the Mail and Guardian newspaper and Positioning Corporate Underwriters
and Insurance Consultants (PCUIC), Justice Patel found that if he allowed an application for
an interdict for PCUIC to preview an unpublished story, he would create a precedent for a
“pattern of repeatedly restraining the media.” In other words, granting of previews could constitute unnecessary restraint of media freedom by allowing prior censorship.

So This Is Democracy? 2003

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Media Institute of Southern Africa

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