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Live Africa wants release of all tape-recordings

Our correspondent, in Cape Town

Live Africa Network News, the largest supplier of news and sports news to the independent radio sector, is to seek the release of all recordings made so far, of the evidence given to the King Commission on match-fixing.

"After our major constitutional victory in the Cape High Court, we must ensure that all the evidence, not just a part of it, is available to be heard by the public," said Paul Martin Cainer, Live Africa Network News's editor-in- chief and CEO, who is also corresponding for rediff.com

"We now know that by banning our live and recorded broadcasts, Judge King acted illegally and against the Constitution and against specifically the guarantee of freedom to receive and impart information.

"That means all the evidence that was given from Day One onwards should have been heard by our listeners. Now the Commissioner is duty-bound to release the recordings made by the court's hired transcription service," Martin Cainer stated.

One of the key witnesses whose words have never been broadcast is Hershelle Gibbs, who admitted accepting a US$15,000 bribe from ex- captain Hansie Cronje. Most of the key international cricket-players in the current team gave their evidence without the electronic media -- but all were recorded in audio for transcription.

LANN will this morning be asking for the tapes. "We may later broadcast excerpts or use them in a documentary," Martin Cainer said.

"We are very confident that Judge King will grant us the access," said Cainer. "He has shown complete compliance with the High Court's ruling so far, and we are sure he will continue to implement the letter and spirit of their ruling."

Yesterday Judge-President John Hlophe, backed by Judges Jeanette Traverso and Judge Fritz Brand, listed four ways in which Judge King had violated Live Africa's constitutional rights, and set aside the original Commission ruling.

After the High Court ruling, the Commission then allowed LANN to place its microphones on the witness stand and on the Commissioner's table. LANN voluntarily removed its microphones from in front of the bank of lawyers and the Commission's leader-of-evidence.

This came after the lawyers pointed out that the microphones might pick up their off-the-record comments to their clients or to one another. Martin Cainer said at the time that LANN had no desire to pick up anything more than the actual proceedings.

Live Africa also gave strong backing to the argument of the SABC that the judge should also allow television coverage. The High Court ruling had related only to radio. Judge King agreed to allow two television cameras on a pool arrangement: one broadcaster providing a feed for the others.

"We could have exploited the exclusive nature of the High Court ruling which was in favour only of Live Africa's microphones," said Martin Cainer. "However our stand has been one of principle: we must push for all our electronic media colleagues to have the same extent of access as ourselves whenever that is allowable."

LANN also provided an audio feed for other broadcasters, who will share LANN's technical costs. Much of Live Africa's legal costs are being covered by the European Union's Foundation for Human Rights, by the SABC, and by the Freedom of Expression Institute.

Live Africa says it will continue its efforts to secure the public's right to receive information and radio's right to provide it.