I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

SOUTH AFRICA, FREEDOM OF INFORMATION ACT, FARENHEIT 451?

 25. Jan. 2010. – 14:47:25

Many thousands of pages have been written about the situation when the "rock" of the freedom of publication of news meets the "irresistible force" of the state`s duty of public protection. Indeed the First Amendment to the Constitution of the U.S.A. guarantees this freedom. It is a matter of perennial debate in this country and every so often a case arises which hits the headlines.

This won`t hit the headlines but for those who can remember South Africa before Nelson Mandela, when an apartheid government governed often by decree, to read of a case where two journalists have rejected demands to reveal full details of two people they interviewed suspected of planning attacks against visitors to the World Cup a breath of fresh air wafts through cyber space. The case against them at Johannesburg Magistrate's Court was postponed today. The Police Minister said, "we have a constitutional obligation, we think that freedom of expression in itself is not absolute and it can't be absolute at the expense of safety and security in the country."

Thirty years ago there were few non white journalists working in South African TV. Thirty years ago any journalist daring to criticise or refuse the government was a hero risking all. Would that government here was moving along a path of improving openness. The Freedom of Information Act is certainly of benefit to we ordinary citizens but only when the temperature of enquiry doesn`t get heated.

Recently The Independent won a three year battle to publish secret correspondence between Buckingham Palace and the government concerning the cost of the monarchy. The Information Commissioner gave the government 35 days to release letters sent during negotiations for an increase in the civil list. It was reported a few weeks ago in the Daily Mail that Gordon Brown plans to use his veto to block publication. Obviously the temperature is getting too hot....Fahrenheit 451?

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