Representatives of three leading South African newspapers, the Rand Daily Mail, the Sunday Times and the Afrikaans paper, Rapport, were the first to be charged under the new Protection of Information Act. The charges concerned their reports on South African intelligence activities in the attempted Seychelles coup by South African based mercenaries in November 1981.
The charges followed an investigation ordered by Dr Neil Barnard, head of the National Intelligence Service (NIS) and related to reports published last April concerning Martin Dolinchek, the self-confessed NIS agent who was captured by Seychelles security forces during the coup, and three other alleged NIS agents.
Under the far-reaching provisions of the Protection of Information Act which became law in June 1982, it is an offence to publish information relating to security matters "in any manner for any purpose which is prejudicial to the security or interests of the Republic". A security interest is defined as any matter relating to the function of the NIS or dealt with by it. Under Section 10 of the Act, it is presumed that the information concerned was published for this purpose unless the contrary is proved. A court may conduct proceedings in secret if this appears necessary in the interests of security. Contravention of the Act carries maximum penalties of a R10,000 fine, ten years imprisonment or both. The new Act repeals entirely the Official Secrets Act and the Official Secrets Amendment Act of 1956.
Those who appeared in court in Johannesburg on 23 November 1982 were: the investigations editor and the editor of the Rand Daily Mail, the editor of the Sunday Times and the managing director of South African Associated Newpapers. Three journalists from the newspaper Rapport were summonsed to appear in court in Johannesburg on 10 February 1983. The case is to be resumed in March and held in camera.
NEWSPAPERS AMENDMENT ACT A further law restricting the functioning of the press was passed in June 1982. The Registration of Newspapers Amendment Act requires that all newspapers give documentary proof that they are prepared to subject themselves "for disciplinary purposes to an independent and voluntary body... striving for the attainment and maintenance of the highest possible standards by persons disseminating news" and which is recognised by the Minister of Internal Affairs. A newspaper which fails to do so could have its registration cancelled by the Minister and may not be re-registered without his approval. The Act does not come into operation until announced in the Government Gazette.
In response to the new Act the Newspaper Press Union (NPU) established a Media Council with a constitution and code of conduct to be subscribed to voluntarily, which has powers to investigate all matters affecting the press and to publish its findings. Despite its independent status and voluntary basis the Council would, if recognised by the Minister of Internal Affairs, fulfil the disciplinary role specified in the Act and in effect impose its code of conduct on all newspapers.
JOURNALIST EXPELLED Gerard JACOBS, the only Dutch correspondent in South Africa, was given less than a fortnight to leave the country when the Minister of the Interior refused to renew his work permit in October 1982. No reason was given for the refusal which brought protests from the Dutch Chairman of the International Press Institute in South Africa and from the Dutch government. Jacobs, who had worked in South Africa since 1980 for Dutch radio and television, was the fifth foreign correspondent expelled from South Africa in the past four years. The previous Dutch correspondent was also ordered to leave, in 1977.
