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Women in South Africa celebrating Freedom Day, the anniversary of the country's first multi-racial election in 1994.  |   Image: © Eric Miller/Panos Pictures

It's 14 years since South Africa became a democracy, but the battle to preserve one basic democratic right - freedom of expression - continues. In the front line is the Freedom of Expression Institute (FXI), based in Johannesburg. Media Defence Quarterly talks to its acting executive director, Melissa Moore.

Founded in 1994, the FXI cut its teeth establishing a code of conduct for peaceful demonstrations. Now its reach extends from lobbying parliament to grass-roots community action. It functions as a law clinic but also campaigns and educates, its mission being to defend freedom of expression, establish a right of equal access to information, and promote access to the media.

"Many people outside South Africa view it as a well-established democracy," says Moore. "It's not. It's a fledgling democracy, where constitutional rights have still to be developed. I fear a regression in freedom of expression, and that is what makes our job important."

At present the team at the FXI numbers five, but it has ambitious plans to grow if funding can be found. It operates three distinct programmes:

• opposition to censorship
• access to information
• media, ICT, and academic freedom

In each area, FXI has different activities - litigation, capacity building and research.

Not all the team are lawyers, but Moore's intention is to put more stress on litigation. "I think we need to take a more legalistic approach because that's how you set your precedents," she says.

In this respect the organisation has enjoyed one notable achievement this year. A last-minute application to the Johannesburg High Court in April was successful in ensuring public access to a major Judicial Services Commission hearing (into alleged misconduct by Judge President Hlophe and three Constitutional Court judges). The FXI was joined by two South African newspapers - The Independent, The Mail and Guardian - and the media company Avusa Ltd in launching a test case challenging the secrecy of hearings.

As a result, the proceedings were reported in the press and the hearings were broadcast on radio. Moreover, the court laid down the important principle that such hearings should be open to the public unless there were compelling reasons against.

"But we do not just focus on litigation," says Moore. "We offer free advice to community radio stations and newspapers. For instance, small news organisations of all types, particularly radio stations, may come under pressure from big business when they encourage public debate about major development projects, but they can't afford professional legal advice." So the FXI sends young lawyers out to work with community media managers and help them avoid or deal with legal challenges.

Working with community media is also an information-gathering exercise. When the FXI hears examples of such pressure it can, through its links with the media, bring them to international attention.

"We've mostly been hearing about access to information and the right to protest," says Moore. "Often these are interlinked. They centre on economic injustices that aren't being taken on properly by the government - poverty, water rights, and so on. These commonly are at the root of protests because people become so frustrated." The FXI helps enable such people the chance to make their voices heard by persuading community media to give them access.

The FXI is now preparing to fight the recently-passed Publications Amendment Act, which Moore believes is "probably the biggest step back in the freedom of expression in South Africa since the coming into being of our constitution." In Moore's view it is a draconian piece of legislation brought in "under the guise of children's rights." Having failed, despite a fierce campaign, to have the Act rejected on constitutional grounds the FXI intends to litigate cases whenever they arise. "We are ready and waiting," she warns.