The Freedom of Expression Institute (FXI) applauds The Daily Voice's News Editor, Gasant Abarder, for his ethical stand in not testifying in the civil defamation case involving "Country Fair" poultry chain. Abarder refused to testify about a public meeting he reported on, where Grant Twigg of the Associated Trade Union of South Africa is alleged to have made defamatory statements about the circumstances in which one of "Country Fair"'s employees died after having an asthma attack. On Friday, 3 November, the Court confirmed a magistrate's order compelling Abarder to testify.
The FXI is disturbed to note that both Courts do not recognise that Abarder has a "just excuse" not to testify. The "just excuse" is that journalists such as Abarder can refuse to testify lawfully so as not create the impression that they are extensions of the evidence-gathering process in court proceedings: this is precisely what Abardar will become if he is compelled to testify.
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