South Africa: Newspaper yet to decide on McBride appeal

Bloemfontein - The Citizen is considering a possible appeal to the Constitutional Court against a Supreme Court of Appeal (SCA) decision in favour of Robert McBride, the newspaper said on Tuesday.

 

The SCA has ruled that the publication was wrong to have called the former Ekurhuleni police chief a murderer because he had been granted amnesty for his crimes.

 

The case arose from a series of articles in 2003, before McBride was appointment as city police chief.

 

McBride won a defamation action against The Citizen in the High Court in Johannesburg last year, but the newspaper appealed to the SCA.

 

On Friday, in a majority judgment, the SCA partially upheld the appeal.

 

The SCA judgment overturned the High Court ruling in connection with comment about "dubious flirtation with alleged gun dealers in Mozambique" and the amount awarded to McBride was reduced from R200,000 to R150,000.

 

In comment published by the newspaper on Tuesday, The Citizen referred to aspects of the minority judgment by SCA Judge Kenneth K Mthiyane.

 

The newspaper said Mthiyane argued four points on which The Citizen had met all the requirements of fair comment.

 

He also invoked Section 16 of the Constitution which enshrines the right to freedom of expression.

 

Mthiyane also did not agree that the Promotion of National Unity and Reconciliation Act (TRC Act) should be interpreted in such a way that McBride could not be called a murderer.

 

"In my view the relevant provisions of the TRC Act under which amnesty is granted do not have that effect.

 

"I have difficulty with the notion that a person who has been convicted of murder may not be described as a murderer or a

 

criminal if he has been granted amnesty," the minority judgment was

 

quoted.

 

The newspaper said the judge also said the reference to McBride

 

as a murderer was strictly speaking factually correct.

 

The minority judgment also held that the interpretation of the

 

TRC Act given by the majority decision would have a chilling effect

 

on the right to freedom of expression guaranteed under the

 

Constitution.

 

The Citizen editor Martin Williams said he agreed with this

 

interpretation.

 

"I also think it bodes ill for freedom of expression if the

 

media are not allowed to say what too many people seems

 

self-evident," Williams was quoted in the report.

 

The newspaper's decision on taking the matter to the

 

Constitutional Court would be made after further consultations with

 

lawyers.

 

- March 02,2010 by The Citizen

 

.................

 

Source: www.citizen.co.za/index/article.aspx (accessed on 02.03.2010)

 

BLOEMFONTEIN - The Citizen is considering a possible appeal to the Constitutional Court against a Supreme Court of Appeal (SCA) decision in favour of Robert McBride, the newspaper said on Tuesday.

 

...............

 

The SCA has ruled that the publication was wrong to have called the former Ekurhuleni police chief a murderer because he had been granted amnesty for his crimes.

 

The case arose from a series of articles in 2003, before McBride was appointment as city police chief.

 

McBride won a defamation action against The Citizen in the High Court in Johannesburg last year, but the newspaper appealed to the SCA.

 

On Friday, in a majority judgment, the SCA partially upheld the appeal.

 

The SCA judgment overturned the High Court ruling in connection with comment about "dubious flirtation with alleged gun dealers in Mozambique" and the amount awarded to McBride was reduced from R200,000 to R150,000.

 

In comment published by the newspaper on Tuesday, The Citizen referred to aspects of the minority judgment by SCA Judge Kenneth K Mthiyane.

 

The newspaper said Mthiyane argued four points on which The Citizen had met all the requirements of fair comment.

 

He also invoked Section 16 of the Constitution which enshrines the right to freedom of expression.

 

Mthiyane also did not agree that the Promotion of National Unity and Reconciliation Act (TRC Act) should be interpreted in such a way that McBride could not be called a murderer.

 

"In my view the relevant provisions of the TRC Act under which amnesty is granted do not have that effect.

 

"I have difficulty with the notion that a person who has been convicted of murder may not be described as a murderer or a

 

criminal if he has been granted amnesty," the minority judgment was

 

quoted.

 

The newspaper said the judge also said the reference to McBride

 

as a murderer was strictly speaking factually correct.

 

The minority judgment also held that the interpretation of the

 

TRC Act given by the majority decision would have a chilling effect

 

on the right to freedom of expression guaranteed under the

 

Constitution.

 

The Citizen editor Martin Williams said he agreed with this

 

interpretation.

 

"I also think it bodes ill for freedom of expression if the

 

media are not allowed to say what too many people seems

 

self-evident," Williams was quoted in the report.

 

The newspaper's decision on taking the matter to the

 

Constitutional Court would be made after further consultations with

 

lawyers.

 

- March 02,2010 by The Citizen

 

.................

 

Source: www.citizen.co.za/index/article.aspx (accessed on 02.03.2010)