Media Alert Update

25 January 2010

Prosecutors angered by new media policy

Prosecutors have condemned the ruling by National Prosecuting Authority (NPA) boss Menzi Simelani that they may not speak to the media. Recently appointed Simelani issued the directive this week that contact with the media should take place only with "prior authorisation". He said if information was leaked to the media without permission, the relevant director of public prosecutions would be held responsible.

'Again, like any other industry, we have a reputation to uphold. NPA spokesman Bulelwa Makeke said they were not answering queries about the policy as it was internal.

"We are one of the most accessible institutions for the media because we realise the work of the NPA is in the public interest," said Makeke. This week prosecutors (on condition of anonymity) spoke out against their boss. In the past few weeks, the NPA has come under close scrutiny over a high-profile case related to Sheryl Cwele, wife of Siyabonga Cwele, the Minister of State Security.

Cwele was named in a case linked to South African drug mule Tessa Beetge who has been in a Sao Paulo jail in Brazil since 2008. The NPA has been seen to be dragging its heels on further charges in the case. An experienced prosecutor said this week the new ruling was reminiscent of the apartheid era.

"Obviously there is a greater reason this ban is in place. We normally speak to the media so that they can carry on with their jobs as the watchdogs of society... especially when we sense there is a move to quash charges or discreetly drop them."

Another said the ban was "ridiculous". "We rely on the media to convey the message that justice is being done. One of the most important aspects of justice is that it must be seen to be done. How else do we get this across?"

One defiant prosecutor said the policy would not stop them from speaking to the media: "Those of us who have good working relationships with the media will continue to pass on information to them. I think it is in the country's best interest," he said. Sheriza Ramoutar, acting director of public prosecutions in KwaZulu-Natal, said the policy should be no cause for alarm. "This has always been the policy. Prosecutors have never been allowed to officially speak to the media."

Another senior prosecutor, who spoke in favour of the policy, told the Tribune: "It's a fair policy; it's always been like that. I don't know any other situation. We are like any other industry where the head honcho needs to know what is being put out there. "Again, like any other industry, we have a reputation to uphold and the powers that be need to know exactly what is happening, to prevent embarrassing situations," she said.

BACKGROUND
The new national director of public prosecutions, Menzi Simelani has gagged the prosecutors from engaging with the media without authorisation. A spokesperson from the directors’ office Bulelwa Makeke confirmed that “ It comes from the head of institute, he wants us to have more control over what gets communicated and how it gets communicated”. Makeke said the directive was relayed in an internal document and was effective “immediately as an amendment to our current media policy”.

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it