NEWS
SCHEDULES
COLUMNS
PREVIOUS TOURS
OTHER SPORTS
STATISTICS
INTERVIEWS
SLIDE SHOW
ARCHIVES

Victory for freedom of information

Paul Martin, Cape Town

Hansie Cronje had a very large salary and match-fee structure, mainly because his employers got extensive coverage of matches on television. He also gave regular interviews on radio and TV. Most top players go on to make a neat income in their retirement from commentating on these electronic media.

Suddenly, though, the instruments that helped make him rich are now seen as instruments of torture.

When the King Commission hearing first opened last Wednesday, Cronje's lawyers argued that giving his evidence in the presence of television cameras (and they later added radio microphones) would add stress to his already pained condition. That was one reason, at least, cited by Judge King in his decision to keep the mikes and lenses away.

Now, though, we are told that Cronje's mental state has, if anything, become worse (or so a story in Thursday's Star newspaper claims). If so, how come he is now willing to have all his testimony recorded on audio and videotape, and for much of what he says to be relayed live in both media?

The reason: sorry, I am not at liberty to tell you. What are you saying, Mr Martin? You, the supposedly intrepid editor-in-chief of South Africa's largest provider of news and sports news to the independent radio sector, are too afraid to tell us? What sort of journalist are you?

Ahem! Well, er, um... Okay then. There is a certain irony in the fact that by winning a major Constitutional victory, I have actually got to remain very much tight-lipped on some things. At least till Monday night, by when the Judge-President Joh Hlope and his two fellow-Cape High Court judges will have given us a final ruling on our challenge to Judge King.

If it goes our way, we'll have won a major victory for freedom of information. If not, then ... I'd better not say.

What I can tell you is what my legal team have already put out in the affidavit and heads of argument.

They reveal that:
1. I offered to install discreet microphones with or without cables, in a hearing-room already bristling with the Commission's own microphones and cables, for the transcription service.

2. The newly retired judge, aged 70, called himself Victorian and asked to understand how it would work.

3. At the start of the hearings Judge King heard arguments from a lawyer for television and then from myself for radio. The next day he said neither medium could record or go live.

4. The South African Constitution (introduced after the apartheid era was ended) provides for a "right to receive information" as part of freedom of expression. We provided affidavits that millions of South Africans relied on radio as their main (in many cases only) means of information.

5. King went ahead, calling key witnesses like Pat Symcox, Herschelle Gibbs and Henry Williams, with only the pen-and-paper or the computer-typing brigade able to do their job as their editors wanted. Radio needs audio and live broadcasts; so does television.

6. Dr Ali Bacher and a Reserve Bank spokesman both decided to ask the judge to let their testimony be broadcast live by the TV cameras and radio.

7. Then it was back to the old restrictions as Lance Klusener, Mark Boucher and Jacques Kallis avoided being broadcast.

8. Live Africa Network News found itself alone against the Commission juggernaut. However, attorney Michael Murphy and advocate (barrister) Anton Katz took up the case for Live Africa, and skillfully crafted the arguments against Judge King's anti-electronic media ruling.

9. The case got under way with three judges making Judge King's barrister feel "picked on". He had argued that (according to Judge King) the hearings should go on starting with Cronje's evidence today (Thursday) even though the Court said it could only decide on the main arguments by Monday evening.

10. The 3 judges hinted strongly they saw no way Judge King could go on until Tuesday. But Judge King said he wanted a Thursday start, to accommodate Cronje.

11. Lawyers for Cronje suddenly arrived in our senior counsel's office, and as a result of extensive discussions a deal was hammered out.

12. Cronje will give evidence with live radio and (he offered) live television. Then his cross-examination will begin: with it being recorded and then played out on air as soon as Cronje leaves the witness stand on each day he is called up.

13. Cronje and Judge King agree to this.

It's a great deal-just about all we wanted.

Live Africa installs microphones and proper feed mechanisms. And offers to provide the feeds without any fees to all LANN's clients and to its non-clients.

Believe it or not, when I got into my Cape Town bureau, the phone rang. One of our clients' news editors was on the line. "So you've done a deal with Hansie. How much are you paying him to get your coverage exclusive?"

Just the sort of thing you like to hear when you've fought tooth and nail, so that every radio station can now carry the Cronje hearing live. But then, who says winning law cases brings you many friends?

What are the odds on us winning overall? We'll definitely win the good fight... Or am I just planting that story to affect the odds?

Either way, I wouldn't bet on it.

Paul Martin Cainer is editor in chief of Live Africa and Sport Africa, and a special correspondent with Rediff.com

The Betting Scandal: The full story