This emerged in the Johannesburg Magistrate’s Court, when Sunday Times‘ holding company, Times Media Limited, was found guilty of publishing an article quoting Harry Gwala, a listed person, on December 11 last year. Charges were brought against the company, Sunday Times editor Tertius Myburgh, and author of the article Mandla Tyala. All three accused reporter, editor and the company (represented by Myburgh, who is also director of the company) – pleaded not guilty. Though Myburgh, in his editorial capacity, and Tyala were found not guilty, TML was found guilty of negligence and fined R2 000.
Defence advocate Wim Trengrove, SC, argued the accused had followed the correct channels in checking whether Gwala was listed, and could not be blamed for an error on the South African Press Association service providing incorrect information on listed persons. The defence argued that the legislation did not specify whether conviction should arise from guilt alone, or whether intent had to be proved. He argued that the accused had not intended to contravene the legislation, and that they were not negligent.
In passing judgement magistrate S B Janse van Rensburg acquitted Tyala and Myburgh in his editorial capacity because neither were in town at the time and it wasn’t their duty to check the consolidated list. However he said it was the responsibility of the newspaper staff to do so. The defence also argued that various newspapers, including the Sunday Times, had quoted Gwala two weeks before December 11, following his release from Robben Island.
The magistrate said, however, ”if other newspapers break the law, it doesn’t mean you can do the same”. Evidence submitted by the defence included 18 articles appearing last year in various other newspapers. New Nation, Sowetan and Weekly Mail face the same charges as the Sunday Times. The case against Weekly Mail has been postponed to September 12.
*Rashid Seria, who was editor of South last year, appeared on Monday for contravening Emergency regulations by publishing an article in May 1988 which reported on boycotts in Cape schools. The case has also been postponed.
This article originally appeared in the Weekly Mail.
