Bosasa Operation (Pty) Ltd v Basson and Another (09/29700) [2012] ZAGPJHC 71; 2013 (2) SA 570 (GSJ) (26 April 2012)

Bosasa Operation (Pty) Ltd v Basson and Another (09/29700) [2012] ZAGPJHC 71; 2013 (2) SA 570 (GSJ) (26 April 2012)

The court held that the identity of the defendants' journalistic sources is irrelevant to the central issue of defamation as defined by the pleadings. The plaintiff is required to prove the defamatory nature of the article, while the defendants must justify their defences. There is no onus on the plaintiff to rebut the defendants' defences by reference to the sources' identities. The protection of journalistic sources is fundamental to freedom of the press, which is guaranteed under section 16 of the Constitution. Compelling disclosure would have a chilling effect on the press and undermine the public's right to know about matters of public interest. The court found no basis to limit...

Citation
[2012] ZAGPJHC 71
Parties
Applicant: Bosasa Operation (Pty) Ltd; Respondent: Adriaan Basson; Respondent: M&G Media Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 April 2012
Case Number
09/29700
Procedural Posture
Civil Application / Application to Compel Discovery and Further Particulars Prior to Trial
Outcome
Plaintiff's applications to compel discovery and further particulars are dismissed with costs, including costs of two counsel where so employed.
Judges
M Tsoka
Legal Topics
Discovery of Documents, Freedom of Expression, Journalistic Privilege, Defamation, Fair Trial Rights, Public Interest
Civil Procedure Constitutional Law Commercial and Corporate Discovery of Documents Freedom of Expression Journalistic Privilege Defamation Fair Trial Rights +1 more

Case Brief

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Parties

Bosasa Operation (Pty) Ltd

Applicant

Adriaan Basson

Respondent

M&G Media Limited

Respondent

Procedural Posture

Civil Application / Application to Compel Discovery and Further Particulars Prior to Trial

Legal Issues

  1. 1 Whether the defendants are obliged to disclose the identity of their journalistic sources in discovery and further particulars.
  2. 2 Whether the refusal to disclose sources infringes the plaintiff's right to a fair trial.
  3. 3 Whether freedom of the press under section 16 of the Constitution protects the confidentiality of journalistic sources in this context.

Ratio Decidendi

The court held that the identity of the defendants' journalistic sources is irrelevant to the central issue of defamation as defined by the pleadings. The plaintiff is required to prove the defamatory nature of the article, while the defendants must justify their defences. There is no onus on the plaintiff to rebut the defendants' defences by reference to the sources' identities. The protection of journalistic sources is fundamental to freedom of the press, which is guaranteed under section 16 of the Constitution. Compelling disclosure would have a chilling effect on the press and undermine the public's right to know about matters of public interest. The court found no basis to limit...

Court Disposition

Plaintiff's applications to compel discovery and further particulars are dismissed with costs, including costs of two counsel where so employed.

Orders

  • The plaintiff's application to compel further and better discovery is dismissed with costs, including costs of two counsel where applicable.
  • The plaintiff's application to compel further and better particulars is dismissed with costs, including costs of two counsel where applicable.