Democratic Alliance v South African Broadcasting Corporation SOC Limited (20/33806) [2020] ZAGPJHC 391 (11 December 2020)

Democratic Alliance v South African Broadcasting Corporation SOC Limited (20/33806) [2020] ZAGPJHC 391 (11 December 2020)

The court found that the SABC's refusal to broadcast the DA's Federal Congress and leader's acceptance speech live on SABC2 was contrary to its constitutional and statutory duties, as well as its own editorial policies. The right to freedom of expression, particularly the right to receive information, requires that events of national importance be accessible to the widest possible audience. The SABC's financial concerns and editorial independence do not justify limiting coverage to platforms accessible only to a minority. The DA demonstrated a clear right to the relief, irreparable harm if the relief was not granted, and no satisfactory alternative remedy. The SABC's decision was...

Citation
[2020] ZAGPJHC 391
Parties
Applicant: Democratic Alliance; Respondent: South African Broadcasting Corporation SOC Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 December 2020
Case Number
20/33806
Procedural Posture
Urgent Application / Final Relief on Urgent Application
Outcome
Application granted: The SABC was ordered to broadcast the DA's Federal Congress opening ceremony and leader's acceptance speech live on SABC2; costs awarded to the applicant on a party and party scale, including costs of two counsel.
Judges
R Strydom
Legal Topics
Freedom of Expression, Public Broadcasting Duties, Editorial Independence, Mandatory Interdict, Review of Administrative Action, Broadcasting Act Interpretation
Constitutional Law Telecoms and Media Administrative Law Freedom of Expression Public Broadcasting Duties Editorial Independence Mandatory Interdict Review of Administrative Action +1 more

Case Brief

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Parties

Democratic Alliance

Applicant

South African Broadcasting Corporation SOC Limited

Respondent

Procedural Posture

Urgent Application / Final Relief on Urgent Application

Legal Issues

  1. 1 Whether the SABC is obliged to broadcast the DA's Federal Congress and leader's acceptance speech live on its free-to-air terrestrial channel SABC2.
  2. 2 Whether the SABC's refusal to broadcast the events on SABC2 violates its constitutional and statutory duties, including its own editorial policies.
  3. 3 Whether the DA has a clear right to the relief sought, will suffer irreparable harm, and has no satisfactory alternative remedy.

Ratio Decidendi

The court found that the SABC's refusal to broadcast the DA's Federal Congress and leader's acceptance speech live on SABC2 was contrary to its constitutional and statutory duties, as well as its own editorial policies. The right to freedom of expression, particularly the right to receive information, requires that events of national importance be accessible to the widest possible audience. The SABC's financial concerns and editorial independence do not justify limiting coverage to platforms accessible only to a minority. The DA demonstrated a clear right to the relief, irreparable harm if the relief was not granted, and no satisfactory alternative remedy. The SABC's decision was...

Court Disposition

Application granted: The SABC was ordered to broadcast the DA's Federal Congress opening ceremony and leader's acceptance speech live on SABC2; costs awarded to the applicant on a party and party scale, including costs of two counsel.

Orders

  • The application is dealt with as one of urgency in terms of Rule 6(12).
  • The respondent is directed to broadcast live on SABC2 the opening ceremony and speeches on 31 October 2020 from 09h30 to 10h30, and the announcement of the new Federal Leader and acceptance speech on 1 November 2020 from 13h00 to 14h00, or at such alternative times within an hour of the scheduled times.