'e Urversiteit van die Oranje-Vrystaat
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indicated that he f~lt obligpc.; (0 go in f",
diUerent d;rection. 1
; If the constitution wa:; de<;igned to
·create ,3 new le-gal ord~r, ahd if ti'le common law has to be "deve[oped" in the tight of the ne.-: values enshrined in
tqe
copstitution, then "even' the tti.ch auth.,rity of prt'-constitution judici~1~et~rminations" may ~ superseded, Judge Cameron said. !
The Appeal Court's deCisions weigh- ing the relative .value of free speech had been made when the leg'al syst.em . "did not treasure at its cor~ a demO-:
cratic ideal", ,
The ne-yv syst·.!m depends on "v~gor
ous mechanisms of public sdu':.iny and public debate, not only to norhlre the new structures, but to gu~' d a~:ainst excesses in their exercise ... ·
lie concluded thatJ.h . ~w..~y.~.lues
·must trun:w. common law ru .2:8.
---::Tffilge Cameron 's ne'XU.a~jCwas to re- balance the competing denl~'nc's of free speech and the right to nfputation - . but this time using .the valucs of the
.constitution as the !5cale.··1 .
D" .. rinp, Oiis exercise he criticised the
controv~rsial Appeal Court decision .which fOund against the Vrye Wcek-
blad· and. in favour of Gene·ral Lothar .. Neethl.ing".Judge Camt:r:on!.said vita!
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' . .concepts of that juc;Sgment \Vere lOcom- Patible with the pri.nciplcs of . . I th~ new constitubon. . \ h . d
A successful democracy, e sal • depended upon "robust, crit~ci.~,:n of the exercise of ~wer".· ThiS I.n. lU~
required "alert .. nd critical clbzens as well as a strong 311:d. i!,dependent media to voice these cntlClSms.
He concluded that someone who oted to sue for defamation and th\1S -;:,a inhibit "political" sp~h. s~~uld
have to prove that the media ~3a . for- feited entitlement to constltutlonal
protection". t
This is a new departure. In the pas . if a newspaper was sued. t-he. person ho complained of defamatlon had w little to do beyond proving that the
;~~i!lhed mRterial in fact~ferf"e':J to
1 .. B. 2 .
Dal. ... .
Judge Cameron also took inlo acc:ount the rc~lities of public;\tion in which sQ!n" degn·~ of en'or is an occupational tLaz.i:trd
. In the Vrye Weekblad case. Judge Gl:S Hoexter said that, since a news- paper ire.!ly elected to vilify som~ne
"justice demands he should do SO.:lt ~ peril and t.hat in an action for defama- tion he should ha.ve to es~ablish wb-at be should have troub!ed to verify befor~
he maligned the plaintiff".
Judge Camerc-n....bowever. sai.d that if protection l>f free s ee wa ean an u. ere had to be some pr~
tee 10n for "erroneous ~tatements". at least when [he subject matter concerns
'"free~ana fair polilical activity".
otherwise the public would he afraid to speak out and the r~,edia fearful to pub- lish. lest they be u'1ablc to prove each allegation tn1e in all details.
On the other hand. he acknowledged the !lee<! fer pretection from gratuitous abuse. and suggested that the solution lay with a test of "reasonableness"
used in countries such as AustraUa.
Judge Camero~'s wording of this test dramatically ch~.nges t!le ground rules of the relationship be-tween the media and Litigious rublic offic; ... .ls: .. A defam- atury s:.1tement which relates to 'free a.nd fair political activity' is consUlu- bonally prot~cted, even I.f false unless the pl:l.inti!l shows that in ~1l the circumstances of its publication. it was unreasonably made."
The rule recognises the importance ol permitting vigorous "POlitical)' speech". But it prOVides protection against unprofessional journalism in Wilich def(\matory material is
pub~jshed "recklessly or negligently".
HIS test challenges the media to ensure high standa.rds of reporting. At the same time, his defence of tt:e media's role in society should anowa robust and critical media to flourish.
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Sowe'tan " - ' , L ~ survived hard ~Imes
, 'rrt~fr<J.2'- I th.e paper stood
By Themba Molefe
the test of time
today and like an athlete 31 the 11 a~d soccer. Thing~ had ch::anged when
' SOWITAN
loo1ts b<lek 15 years. . end of a searing marathon. wipe!; S{Jw~la}1 was born.
the sweat from its brow. I
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Reporters had begun questioning the:It is not from c}thauslioc thfat the i. "systen" and were prep3red to pay tthhe newspnper pauses 10 renect. but rom a supreme price and face the wrath of e certain pride - that of survival first and Nation:.!.l P<lItV Govemmenfs repres!:ive of acceptance by the m;Jjority of SO'Jlh Ii:i.ws _ of detention without trial and the:
Africa's reading population. banning of.'oppnnents of apartheid.
"S"H:~lan has·become:J monument." Therefore. Sowetan was born after an ob~rvcT once remarked. "It is part of uncenainry forct. i Posts registration to the black thing:' said another. lapse. In 1981 the country had found Fifteen years ago Sowelcn. then a itself in another phase both poJiticzlly
fne' sheet delivered to every house. in and.socially. Resistance to apartheid was
Soweto. ·henc.:e the name, bec3tne a real at
its
peak and wa.<; more focused.nt:wspa~r
and
filled ~he.void left{:'<trl~er A. frantic Government blindly• by the· j~appeararicq;..,from· 'rh:! \It.l~k responded to the breed ofblackjourna]·
readCrilJ;p market of -PpS1 r:ransmfll.· ;, i!>m that was taking the "struggle" tor-
" - Post· had itself ~ueceeded the' Wet(d ward at the time.
and Wt'ekt-nd
World
which on Octo~r Sow~IQn was hardly crawling wben 1977 were' banned by Jimmy Kttiger. !everal of its key ¥:riters were either Mini!>ter of Justice in the BJ Vor..te-r Cabi· banned 01 Jailet! .because of their cru-'net . : sadinirpens~ .:~ .... .
lInder !he editor:ship of Perey \ Those wt.;)
wm
slapped., with banning,.... Qoboza. ~ World 1l~d Wuke~ WNla' order.; of up to five years by lYuger indud·
"; had established a pattern which saw. cd MatbaIha Tscdu. rtCNI.s<nw.ran '-political
·~t6"laC=k. ioumiili!>riiJ take a different and
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editot; 2~:Si:-c:Wu. now chief C);ea:bolder direction. Qoboza and Aggrey
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tM: 6ffiO::iof thc·SootbAfrican BI'"03Ck.ast- tOuste wen: among (he dozens of ;"mg Corpcr.irion (SABC); 'lee Thloloe.activists detained without trial in the I." . Sawela1l·s Rlti:ric:r-managing'c:dilOrand now
swoop that followed the bannings which I all SABC ~; 1bami Mazwai, for- 'included 17 other black. organisations. ;.' . inet"~ editor and day ~tor and now
Alas, today some black scribes of j . cdjtorial directQr .. of Enrnpfift' Publica- th~1 genre say there's nothing like black
J
nons. ; .:" .journalism allymore. But this i~ a matter
j
Mazwai wa.<; sentenced 10 two years': for a different platform. .: imprisonment for refu:.ing 10 divuige his :. Just to recap. suffice!> it 10 :roay that . sources during the Khotso Seathlolo reporting the June J 6 1976 Sowelo ./ p"liticai trial in 1981. M3zwai was .. pupils' uprising made !>ense onl), ~ ~ted with Se:llhlolo. a formcr Sowe-
bec3use black joumali!>t" from the ",orid to Students Represent3tive Council . and those from white new!>paper.> I:OV- (SSRC) leader. Police had been tipped en-d the story. They were part nf the off -about the clandestine meeting of the story because they were black and c;lme two 3fter Se3th!olo secretly re-entered
.
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- In 19tW t-w de KJerkca.ne to power In - - - -
arid fierce resistance to the i~posilion the dramatic ousting of PW B?tha a .. Stale o( the Black Local Authoritie~ Act of President and Nationa.! Pa:rty leader.
1984 (BLA). 11 was indeed the BLA thllt In 1990 Sm\"t'lan was pre~nl 0" Feb-
~;'o;Iw the fiercest political unrej,t in black Nal)' 2 when De Klerk set in motion the
; " ~own~hips since 1976. release of Ndson Mandel<! and !>u\>se·
Toe VaaJ Triangle exploded 't. SoH.'('i • • quent multiparty negotiations.
tan c;:an:iexl
.'tUnt
p~e coverageO f
the f..m The historic April 27 19?4 hap~~ed. local coullCtJI::,,- Caeser MfJtjeane 10 die of The world's longc."'t-St=n'lIIg pohtlcal dr: neckJace in Sebokeng. Su~m gory pri,,"oner became South Africa's fi:"",t . detail~ of MaJo S~a's grue~~ death dcmocraticall)"~lected head of slate.t ~t the hancb; of <l mob in
Duduzi
Nigel. . . Cfll a lighter n()(c and lest it be f~o{ten.. mar:k;ed L'le rum of the struggle. 1 . . SO'ln'Ion chrisl.!iled Am3b3kabaka.
;:·A week previou~I)'. Bishop Desmond Amabokoboko and Babn:t B4Lfana - all
TUrii saved a man from certain death by champions _ thus enrrem:hins itc;elf a.<. a 'n~IJBce at the same L>u~up CCJI:-Il"'ry· · leg.!nd. N()w for the national ~ic~cl ~uad
w:'e~ yot:ng Maki wa .. murdered. . Thc rest. a. .. they say. IS hiStory as .: ."owefan recorde4 the const~nrntion', SO~~·('fa" continues 10 tell the SIO!)· .. : and alann when ".1.(( aggrieveb TU·I~
tbrealenea t~ leave this COllOId if the · violence among ·black peoprt: ~did . nOI end. ~·Political funerals'· wereir?mmon as the while Press referred ~ the killings as:'black-on-bl:lck·· vi~lenc:. ... ~."
The
.
!1ew~paper.
also sl!lrvived,
1\100states of e~ergen~ in 19.85.a,nj:l;had.lo muster all HS creatIve acumen 10 da"ce through t~e-myriad of regulafions a·rme<!
at
restricting-the Press:,· : ...I'-
A pat1ic'l-I~ly n; .. trictint tla1use in the eme~ge·ncy regula_~9ns was I~O SlOe
~hich m'"l~e ,it ilIegar for reporte~ 10 be
p~nl ill ",he ~ene of unrest". "-'nrest , had a leng and ambiguous definition
,which. al Ihe end of tte day. (meant
oewspapen; should nol cover anY 1 event
··~re there were more than two people.
, A vivid reminder, which ltX1ay!rrught bsiog a chuckle to many a ~'i is of
~ edilor Aggrey Klaa .. tc bcing sum-
Inonc:d 10 the then Minister of LaW and Order Adriaan Vlok's office in ~oria.
Klaasle's crime wa. .. publishingjblank.
spaces· of "unrest scenes", usually with a c.aption that rud. "Something hapPened at this place yesterday. but to comply with emergency regulations we will nol tell you what or where it happened".
Sowelan's lawyers also had to fill in as edito~. Whal they said wa .. ill~gal
was .replaced by a blank. space.' This
irXed the Government
,
Die
Uni1'A'r~it.itvan die Oranje- Vrystaat
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MXOLlsl MGXASHE
SI~H Repor!er
caucus
I
Baleka · . in an twiUi SATU!1-. DAY oPr~e ANC's role in tranS(onning par-
liament ~if":apartheid-inherlt~d institution int~
3.
tnje."~:s parliament".I . .
A move to""oirds·these g~ls ~ur-ed two weeks ago when porlrait5,.·busts, paintings and other arti-
ract~ that had decoraled the national assembly during the days of apartheili were removed and re- placed by ar;.wprks inspired by thel resistance to
apartheid. . '
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-! T.he changes in the f!nvironme;)t of parliament have been given boost by President Nelson Maode- la's "transformalion" opening address to parlia- ment and by the draft bins tabled
by
various min- istries spelling out their plans for Iral1iCal social change in the years to come... Ms Kgositsile, who holds a pow;erful position, 'presiding over about 326 men and a substantial number of women i!1 tt'le ANC cauCus. :"1as an im- 'portant part to play in quickening the pace at ..
which things are done in parliament. She s~id the media, which she believed snould, be plaYIng a more positive role in rese 'n t:! real silu,Auon (aced by he new members of pi![liament. was not
doing its work as cn importa.!!LY.~bic1e_for_pu~'
education and HeU'JtI!Cracy-. -
"Instead we Clre being borr.oarded left and
TO,
and the problems we have inherite<. from ap1 heid are being igncrcd <"nd we are t.(pected to miracles where our preder.essono failed disn Id
to b.Jild d~mocr acy in the COUf'tr)'.
·~ia-seems...to...ha.v.e.£ODcentratc.-d
mamly is the so-cal~uxr..1r.ain~une...JlVhich t iHmuSl beCome a song-o[-~ix.pe~. It was quite 1
'derstandable for people living in the squntl camps and those who a"e poor and sick to perc.ei us as passengers in thi! '.ra.in.
"B~t. for cthers ""'ho have for decades monoj
~is~d wealth and affluence up till this day, I 'hi
It 1.:; sheer malice and hypocrisy to talk of the 'g'
vy train' when they refer to the new MPs a senators."
Ms Kgositsile said there were basic-any t, functions the ANC caucus was focusi'1g on ir. I process of transformation and these meant i proving the work and efficiency of parliament a turning it into a "true peo~le's parliament".
Right now, she said, a number of ANe MPs WE
setting up constituency offices throughout t country which are going to serve as "branches parliament at tbe (rassroots".
Peop!e from various walks of lifE' would ha opportunity to discuss any issue with their me]
bers in parliament and their staff.
Ms Kgositsile said in addition to the setting of constituency offices. portfolio committees, W
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INSTITUliT VIR EIETYDSE GESKI::OENIS D:e Lniversiteit van di'3 Oronje-Vrystaat
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DatJm ' ndeI"Werp7 [
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now be able "to go-to the po'ople a'id seek their views on a
num be~
of!SSU~ ~ing
raised in draftbills. . . .
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Sbe said· these public nearings would also be an- other way of dealing wi.h a great risk MPs (~red oCbeing l(1bt?ied by~ig c')npa'r.i~ which pa~d them
".~~~d~c :nl)nip.s" in order ~o raise cerLam ques-
tlofis Ifl parhar;ent. . . .
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Ms Kgo:;itsile saig ·the portfolio .committees would listen to the general toncerilS oC constiW- ents and· re!idents ... '
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S~e sai"d the coltarnittee's VteW:'5 would not oeces- suiiy"represenl the-'!iew!: o(~any specific party.
S!)e saj~'~he process of legislating was quite new to maAY. people in parliament and a great deal of' pa\ience:- teact)ing and exptanat,oQ'was needed in meetings prec~d,ng the tabwng of drafl bills in nr- der to reclcb con ,t:nsus ANC members, in-
~Iu~ing those 'who did not English and Afrikaans.
Sh-e'said'
:.:,..:;~
This was l"Iot anything to the new parlia- ment in ,this country., Other parliaments o,!,er3ea5, including Britain and Australia. faced tbese prob- lems tOO' :b:ecause of the \'Tide re-sponsi!>Hities ~f
membery. :~f parliament. "W,e are not saying we should ..• nC't be criticised for any mistakes. That is what 6'democracy is about.",
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The Cape Tim('s
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HEALTH MIr'lI~j'E~ N~saz~~;
speak, it seems that they believe that chang., Zuma is the latest politician to l ing thHolour of iournalists would get rid of , b " b' b .'
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thecnt.clsm.I erate
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,e press,. 1ft y no r.ne'!.ns Another question that is sometimes hard , the last..The public has a st.ake In. to understand is not only where the govern·I
the developing row,~ays
coi'lrnbut·. ment.and press are coming from, but.whereI
ing edi~or"GUY BERGER ProfessQr·. they.~e gOing to. Th. way the rhetonc goes . . ' ... . " '. sometImes, one might thmk they're about of Journalisrn and Media Studies at: to go to war with each other. That scenario Rhod~s University. . ..' '. ' can .beavoided by trying to see the issues· :... . •. homhothpointsofview.
· 'IT
USED be'ilIal the ball old·governm~rit People in government, understandably,• woUld hit out 'at the press, and the t>reSs exl*'ct a sympathetic press. Many observers would:f~t~liate. Former-president P W I 'm~ke a good case that this IS,ln fact, exactly t1ott:aa and his boys \~o~!u.ban a ton Qf , whanhe gove~nment gets - most of the iniofI]lation. Tbe newspapers would Rfottst I time. But it is the exceptions, the cases of , md tIy to get round tf:le·i.e,\frfctions. '.~ ." . J 'crltical media coverage. that seem to avef.
I
Today, thl~g~ se.em the other~way ~ shadowthiiiealityformanypolltidaru.around. Th~ press hits r~t, then the gci~em- 1 Ironically. negative
Press
roverag~,.)Yhen~ment --·n
,,;;~pu A , . u.:. l't' ... ..,.. ... ..-:u ....":.0,' ,
u·r.Ht: ·n ~Ut: - -Cl --. .•uu.,-f'OCo"'U . : :"1.'":.-:: .. : ... ; ... .. • ..!.l.-... bLatest ~xample i,·the expose of Health HllP,lightlng problems in g<lYfUlment.ls MInister Nkosazana lnma ~or her R14-mil· 8!gIlably one of the major contrjbutlons lion Aids play sponsorship.·lrt return, she ~hat the press can make to a n..el!.~.outh
rorcefully dencunced.t)W tlress, especially , Afiica.
the Cape Times. in Parliament last week.. ' ---r;[ews about positive developments is Botha and his band did no! like the press. i heart·warming. News of negative happen.
Th." acted like they expected it tOgivethem
!
ings means that problems are brought totrol..iJ:~ - hence their CCJntrols. President • light. The result: their crippling potential : Mandda's team is different As a democratic Clfl be halted.
: ."800<1 gur~" government and one. thilt Zuma and others in government don·t.
prt'sides over press heedom . its members see it this way. For them. there is a systemat- seem to expect symp~thetic support from 1t:.medJa campa.tgn to und~e theirweU·
oh.., ""004.,,, , intention~ efforts. The Health Minister Js I hatls where the rolitidans are comill& SO sure she's t1)1ng to combat Aids that she from - something that the press does not J misses the point about the cost-effectiveness
always understand. : of different strategies.
But the olher skle of the coin is whether J As a result, many politicians accuse the the ~o\'ernmel1t gril.l.ps where the prt's" is press of conspiracy. distortion, one-~ided.
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INSTITLlUT VIREIETYDSE GESKIEDENIS
B.o"
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Die Universite"it van die Oranje-Vrystaat
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__ .. .Some of the more sensitive offici.als even seem fO see the rourth Estate as a FHth Col- WTU1 these days.
• in the face of the government's cliti·
psms, some journalists fear the v.,'orsl. They '¥t! the attads as an onslaught on press free- dom as such., When the gO"ernment slams the press for publicising the recent Idasa sur·
vey shQWtng 10w pUblic trust of politichins, It comes ~cross ~ a straight case of the mes- 5t!nger being bla..""'ed fpt the message.
In this conteX.f.,.fI\i!ny lournalists inter- pret min!sterlal remarks as .port~ of pres- sures and lfStiiqions to.rome~ Strong edito- rials are)VT'ltten 'CondemnVl8 die'criticism and callTng on gQ.v~miJ)cn~ ~o r~"pect press
free<j,Ofll. .... .
A polarisation of positio(U'ap~ars to be deveklping. Neithetsiel:~.seem~ to recognise what's drivlns--the ot~ .. '~ a;'yone right, and anyone wrol}S, In ttAs j.m.seemly specta-, de of govemnent and.j.re55 at each otijer's
throats? ' .' . '
The fact of the matter is that In s~m·E\.
cases, and not least the Zuma affair, cmiCa{
press coverage appears completely justif'd.
In ad.dillon to 1uestlonable tender proce- dureS, blowing most of a small budget on a hi'gJi<ost and dubious drama ought to come under critical scrutiny.
In other cases the governmelll's criU- dsms of the press have been entirely legiti- mdte.1t is true that some journalism about the -gravy train" has been poorly re-
searc~ed. Uket.o.is.e, much critical coverage of changes to Model C schools has been based on the narrow interests of the v'hite com- munity, The point IS that the press SOIll~
times forgets that it Is not above criticism
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Itsel~I -and over-reacts with unnecessary deferysl\oeness. On. the other side, 100, g(J"- ernment members sometimes ferget the point c!f a free p~s - and they over-rea(1 with !qrillnous criticism, This Is where the
pub'~comes In. These two contending grouP:! may need some reminding of the
bi~~~mocracy
Is, Indeed, a healthy slugg'ing It ollt between ministers and the media. I.t goes with the turf: The press watch- dog barks and incurs a C\I.ne for Its palm.But the.peQple outside these two camps
of·pd~ss ar\d government - that Is us- should not take this normal situation for grant~. 'Picss'freedom Is not a ru.tvUeg,e,9f Ic~anslS,"nor is It a favour from the~ov
em.:i1\.ent It is a right of the people.
. If the onzenry Is the bei1efidary of press .freedom, it needs to take an Interest when media careless and government gets
~.~t~~; Right now, there Is reason for the 'J: to out.
the press seems to be missing
dange~ and the opportuni- reaction emanates from editorial In response to government corn-
pl.in: ,,: ,
But t~ere was reso(lOding media last year when the draft constitution published along with problematic pro-for o~tlawlng "hate speech~ and of freedom of expression. If ever something the press might , it was these provisions., But
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editors had earUer engaged in extensive \<
t-j ing to secure a hearing at the ConstituE Assembly.
• The press has also kept mum in t face of government moves towards a fh dam of information dispensation. Here voice ought have bt.en one of celebratlo not critldsm - but scarcely a peep has bel heard,
1·':..:.n;i"pl,;";rn,,gilge;,t~j,a'.seen a slowir momentum around the proposed Ope Democracy Act - a law that would allo' access to state Information and to offici;
meetings, as well protect dvll servant "wh.l:
tie-blowers" and l':1dlvlduals concerne about their personal da", held by the state.
The press 15 often found lack1n,g when
comes to d~mon~tratlng its it2hfto act ~ walclidog on the...s.overnment. In tun many people In government faU short whe1 It comes to toleratlng~th~e<Jp","",~'c.
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- Ttie publfc needs to watch both thes
I
groups, That means standing up for th right of each side to aiticise the other - anI demanding that each supports thJs prlndpll,
Is a sctnario where th.
watchdog continues barking , .. and govern ment responds not In Idnd, but with a.kIck.
That outcome would land South Africc back in the bad old pattern. It might bt
so!T!.~thJn" P W Rotha would J.lke; It ouJtht te be something Zuma would loathe. -
,
.
8