commission
Khadija Magardie
The Human Rights Commission (HRC) is investigating possible criminal charges against Minister of Public Enterprises Jeff Radebe. This follows an application by the Mail & Guardian to investigate Radebe, after remarks he made in a submission to the HRC during the racism in the media hearings earlier this year.
Radebe accused M&G editor Phillip van Niekerk of having authored an article critical of the government, in the name of one of the paper’s black journalists, Lizeka Mda. Both journalists have publicly denied the allegation. Now Radebe could face a fine or imprisonment.
In terms of Section 18 (b) of the Human Rights Commission Act, “giving false evidence before the commission on any matter, knowing such evidence to be false or not knowing or believing it to be true” is a criminal offence, and carries a stiff penalty.
The HRC’s decision to officially investigate the matter comes in the wake of months of heel-dragging, prompting concerns that the commission was shielding Radebe. But now the commission says it is in the process of obtaining an affidavit from Mda, now a senior editor at The Star – after which it will consider taking the matter to the National Directorate of Public Prosecutions.
After the submission was made to the HRC, Radebe and the African National Congress failed to respond to M&G requests to retract and apologise. The submission came in for particular criticism because it was made by a high-ranking member of the ANC, and by extension the government. The ANC later stood by its attack on the newspaper and its editor.
Both Van Niekerk and Mda called the statements made by Radebe “false” and “defamatory” and have instituted civil action against Radebe and the ANC.