FXI+law+clinic+celebrates+successful+first+year+of+operation

FXI Press Statement, 3 April 2007
=FXI law clinic celebrates successful first year of operation=

The Freedom of Expression Institute's (FXI) Law Clinic has just released a report on its successful first year of existence. The huge number of interventions is a quantitative indicator of the Law Clinic's relevance, but the quality of the Law Clinic’s work should be the primary yardstick of success.

Several achievements stand out from this first year. These include the acquittal of two activists on a charge of illegal gathering; assisting a Superspar worker in a claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA) for criticising his employer in an advocacy publication, resulting in his reinstatement; successfully lobbying for a reconsideration of the Independent Communications Authority of South Africa Bill and the Film and Publications Amendment Bill and the Cape Town Nuisance by-law; and ground-breaking research on the misuse of the Regulation of Gatherings Act by various local authorities to frustrate communities' right to protest, especially about poor service delivery.

The establishment of the Law Clinic has proved to be timely. Censorship has increased, and 2006 witnessed many incidents of media institutions being sued for, or threatened with, defamation. Individual journalists too, have been the victims of attempts to force them to reveal their confidential sources of information for various court cases, or to testify as witnesses, in violation of their ethical obligations. The South African Broadcasting Corporation (SABC) has also exhibited more indications of self-censorship. The Law Clinic has also been called on to intervene in a number of academic freedom cases.

In pursuit of its objectives, the Law Clinic has defended several newspapers sued for defamation. The FXI intervened as //amicus curiae// (‘friend of the court’) in a High Court case attempting to force the //Mail & Guardian// newspaper to reveal its confidential sources of information. //Amicus curiae// interventions have also been made in the Constitutional Court, in the Smith and De Lille / right to privacy case, as well as the Pillay / nose stud case. The Law Clinic aims to set legal precedents to reverse many of the negative trends towards censorship.

The in-house litigation function provided by the law clinic has provided ‘teeth’ to the FXI’s watchdog activities, enabling it to set precedents and provide court-ordered relief for victims of censorship.

Simon Delaney, a practising attorney, directs the FXI Law Clinic. During the course of 2006, the Legal Unit engaged in the following activities: community education, legal capacity-building within social movement groups, including the administration of a revolving bail fund, direct legal representation and intervention as //amicus curiae//.

The FXI expresses its gratitude to the Foundation for Human Rights for its funding of the law clinic in 2006. The full law clinic report is available from **Pinky Magau, at pinky@fxi.org.za**.

//**For more information, contact:**//

Law Clinic Attorney, Freedom of Expression Institute (FXI) 083 397 0057**
 * Simon Delaney

Executive Director, Freedom of Expression Institute (FXI) 082 786 3600**
 * Jane Duncan

Director: Operations, Freedom of Expression Institute (FXI) 084 574 2674**
 * Na'eem Jeenah

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