Evidence wa ka Ngobeni The Human Rights Commission (HRC) has given Minister of Public Enterprises Jeff Radebe three weeks to explain his attack on the Mail & Guardian at the media racism hearings, saying his accusations constitute a prima facie violation of the Bill of Rights. At the hearings in April, Radebe – on behalf of the African National Congress – accused M&G editor Phillip van Niekerk of having written an article critical of the government in the name of one of the newspaper’s black journalists, Lizeka Mda. Both Van Niekerk and Mda have publicly denied the allegation and have submitted affidavits to the HRC slamming Radebe’s statement. Both Van Niekerk and Mda called the statements made by Radebe “false and defamatory”. They have since instituted civil action against the ANC and Radebe, who also faces the possibility of criminal charges.
In terms of the Human Rights Commission Act, giving false evidence is a criminal offence, and carries a maximum penalty of six months. In a letter the HRC informs the minister of its intentions to report the matter to the director of public prosecutions, who will decide whether to pursue a criminal prosecution. The letter, dated July 7, says “on receipt of the complaint [by the M&G], the legal department of the HRC … is of the view that the statement made by yourself, if true, constitutes a prima facie violation to dignity provided for in the Bill of Rights”. Radebe and the ANC have refused to respond to the M&G’s requests to retract and apologise, saying that the ruling party stands by its attack on the newspaper and its editor. The HRC has also ordered Radebe to respond to the M&G’s complaint by August 4.