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the rollback of south africa's biological warfare program

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The limited news coverage <strong>of</strong> <strong>the</strong> Basson case continued, even when <strong>the</strong><br />

trial took <strong>the</strong> unprecedented step <strong>of</strong> shifting its venue to Jacksonville, Florida<br />

in September 2000. This unusual move was taken in order to hear evidence<br />

from American witnesses, including Basson’s accountant, David Webster.<br />

However, no English-speaking national newspaper or international wire<br />

service covered <strong>the</strong> story. 201<br />

Several o<strong>the</strong>r aspects <strong>of</strong> <strong>the</strong> legal wrangling over <strong>the</strong> Basson bail<br />

application and subsequent court case may have relevance for those interested<br />

in promoting non-proliferation <strong>of</strong> weapons <strong>of</strong> mass destruction and democracy<br />

worldwide. It is notable that <strong>the</strong> move to open <strong>the</strong> Basson legal process to <strong>the</strong><br />

public was taken by an NGO, with a small staff <strong>of</strong> 4-6 individuals. The past<br />

and current senior administrators <strong>of</strong> FIX are highly experienced civil<br />

libertarian activists, who worked for years against <strong>the</strong> apar<strong>the</strong>id regime in<br />

well-known NGOs. 202 NGOs continue to play a useful watchdog role <strong>of</strong><br />

criticizing governmental actions that may be placing unnecessary limitations<br />

on <strong>the</strong> rights <strong>of</strong> individuals in <strong>the</strong> new South Africa. 203 Even <strong>the</strong> prosecutor in<br />

<strong>the</strong> Basson hearing, while downplaying <strong>the</strong> importance <strong>of</strong> this legal action in<br />

light <strong>of</strong> what has come out in public court, acknowledged that it was an<br />

important test <strong>of</strong> individual guarantees included in <strong>the</strong> new constitution. 204<br />

From <strong>the</strong> State’s perspective, <strong>the</strong> legal action took up too much <strong>of</strong> <strong>the</strong>ir<br />

time during two critical months when <strong>the</strong>y were also trying to finish <strong>the</strong>ir<br />

criminal investigations <strong>of</strong> Basson. The prosecution had opposed publicizing<br />

<strong>the</strong> bail account because <strong>the</strong>y wanted to continue investigating murder charges<br />

without publicity. They supported <strong>the</strong> NIA position that all documents should<br />

go through standard declassification procedures. In camera sessions <strong>of</strong><br />

Basson’s bail hearing, <strong>the</strong> State argued that holding court proceedings in<br />

public would endanger national security and individual lives. The prosecution<br />

noted that <strong>the</strong> publicity surrounding <strong>the</strong> bail hearing had made <strong>the</strong> job <strong>of</strong><br />

convicting Basson much more difficult. The trial judge had excluded a large<br />

79

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