least because of the problems of a legal nature that are being experienced by the media in
the law courts.
Mozambique
The Legal Defense Fund was established and the project is now being publicized including how
its funds can be accessed. The chapter has also secured the services of a lawyer on a retainer
basis so that legal assistance to media facing legal action can be provided.
South Africa
MISA South Africa and Freedom of Expression Institute (FXI), with the solidarity support of
Media Workers Association of South Africa (MWASA) and South African National Editors
Forum (SANEF), funded the High Court challenge of journalist Ranjeni Munusumy who was
called to testify in Hefer Commission of Inquiry. The partners joined the amicus curiae
application to have the subpoena set aside. The application failed at the high court, but the
commission judge ruled that the journalist's subpoena should be set aside as her testimony would
be peripheral to the proceedings.

Ranjeni Munusumy

The partner organisations then considered pursuing a class action (s38) application to the
Constitutional Court to seek clarity on the principal of calling journalists to reveal their sources
and also to seek clarity on the depth of freedom of the press in South Africa. After further
considerations and receiving legal opinion the partner organisations decided not pursue the s38
application. The legal opinion received indicated that the application had a slim chance of
succeeding either as a s38 or amici application as the Constitutional Court did not encourage
academic applications nor would it look favourably on an application that did not directly affect
the rights of the individual concerned. Given that Judge Hefer had already ruled that the
journalists' testimony was not required and the commission had concluded its investigation, the
partner organisations did not pursue this matter further.

MISA Annual Report (April 2003 – March 2004)

92

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