“These guys should be arrested and prosecuted accordingly for violating the National Health Act,” a Johannesburg-based leading medical expert told Bizcommunity.com last night.
“There is no compromise when it comes to stealing and divulging someone's medical records, which must remain extremely confidential regardless of the circumstances,” the medical doctor, who asked not to be identified for fear of victimisation, said.
“Even if you were to make copies of someone's medical records and put the originals back to the shelves is illegal. This is a breach of medical ethics and freedom of expression does not apply to this case. The moment I saw the Sunday Times publishing the contents of Manto's medical records without her consent, I knew that these guys were in trouble. Journalists must be aware that there are some things they cannot do.”
But critics of the government and independent analysts believe the state is using the newspaper's Manto saga as a ‘stepping stone' to start manipulating the media.
“This is a very disturbing move and I think the arrests set a precedent to begin a massive crackdown on the independent media,” Jane Duncan, executive director of the Freedom of Expression Institute (FXI), told Bizcommunity.com yesterday.
“While the illegal possession of someone's medical records can be argued, I understand that there is a provision of the National Health Act that stipulates that the disclosure is necessary if it is believed that the person's acts constitute a public threat to safety and that publishing the information would be in the public interest.
“Manto conducted herself in a manner that disqualified her to hold such a strategic cabinet post and in the journalistic perspective, the disclosure of her medical records revealed that she is a threat to the public health interest.”
Yesterday, the Sunday Times also reported that Makhanya and the journalists involved in the story are being spied on by intelligence services, a move that has gravely distressed and disturbed the South African National Editor's Forum (SANEF).
“If these allegations are true and are coupled with the threats of minister of the presidency Essop Pahad to withhold government advertising from the Sunday Times would reveal outrageous conduct by political and police authorities,” SANEF said in a statement.
Asked about the newspaper's possible strategy to fight these accusations in court, FXI's Duncan said: “Makhanya and Maker and the rest of the newspaper's team must argue that their right to privacy has been violated after the operatives around the country have started digging up ‘dirt' on them.
“I smell the politics of double standards in this case. If Manto's right to privacy has been violated, what about the editor and journalists' right to privacy who are being spied on?”
SANEF added: “They would be targeting a newspaper for punitive action for carrying out its duty to inform the public on matters of public interest, a role that a High Court judge upheld.
“The arrest of Makhanya is expected to take place the week when journalists throughout SA are commemorating Black Wednesday, the day 30 years ago when the repressive NP government imprisoned or banned journalists and closed some newspapers and publications.
“We hope that the action against Makhanya will not convey the same message,” SANEF concluded.
Media analyst and author Denis Kayenge Kinkufi said: “Journalists are news hunters and they would not hesitate to publish anything they believe is in the nature of demonstrating to the public that some of their leaders are unfit to hold certain strategic posts.
“Sometimes we have to ask ourselves what is the meaning of good governance? It is also about the good reputation of political leaders who should lead by example and create a truly democratic and fair environment.”
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