/ 25 February 2000

And then came the subpoena …

NOTICE IN TERMS OF SECTION 9(1)(c) OF ACT 54 OF 1994

Notice to appear before the South African Human Rights Commission, sitting at Council Chambers, Ground Floor, Council Chambers Wing, Metropolitan Centre, 158 Loveday Street, Braamfontein:

To:The Editor – Mail & Guardian

Media Hill, 7 Quince Road,

MILPARK

WHEREAS,

1. The South African Human Rights Commission (hereinafter referred to as the “Commission”) is investigating the handling of race and possible incidents of racism in the media, and whether such racism as may be manifested constitutes a violation of fundamental human rights as set out in the Bill of Rights;

2. The Commission wishes to establish the underlying causes and examine the impact on society of racism in the media, if such racism is found to be manifested in the product of the media;

3. The Commission intends making appropriate findings and recommendations;

4.1. As the editor of a South African newspaper, namely Mail & Guardian, reporting and commenting on current, national and international affairs and events, your presence is needed, and;

4.2. The documents mentioned hereunder are necessary for the said investigation as they will shed light on how your product handles the reporting of, and commenting on, national and international affairs and events which impact on race and racism.

NOW THEREFORE,

You are required:

1. To appear before this Commission at a hearing to be held on the 1st to 3rd March 2000, 6th to 10th March 2000 at 09h00 on each day at Council Chambers, Ground Floor, Council Chambers Wing, Metropolitan Centre, 158 Loveday Street, Braamfontein, and then and there:

1.1. to testify on your product’s policies and guidelines on the reporting of, and commenting on, national and international events, which impact on racism and possible incidents of racism;

1.2. to produce the following books and documents:

(a) Policies, guidelines, minutes and resolutions of meetings, directives from owners of your media product – which relate to the handling of matters concerning racism and possible incidents of racism;

(b) Any other documents in your possession or custody or under your control that are necessary in connection with the said investigation.

Please note that in terms of Section 9(4) of Act 54 of 1994 you may be accompanied by an attorney or an advocate.

Please note further that in terms of Section 18 of Act 54 of 1994 any person who, without just cause, fails to comply with a notice under section 9(1)(c) shall be guilty of an offence and may be liable on conviction to a fine or to imprisonment for a period not exceeding six (6) months.

Dated at Johannesburg on this 11th day of February 2000