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South Africa Order

Western Cape High Court, Cape Town

Media 24 Limited v National Director of Public Prosecutions and Others, In re: S v Van Breda (5027/2017) [2017] ZAWCHC 36 (27 March 2017)

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Source document

01

Holding and result

The court held that media access to the Van Breda criminal proceedings is permissible in the interests of open justice, provided that strict guidelines are followed to minimize disruption and protect the privacy of witnesses, especially Marli van Breda. The order allows for limited photography and video recording before and after court sessions, and for stationary, unattended video cameras during proceedings, subject to court direction. The court imposed an absolute prohibition on photographing or recording Marli van Breda without prior written consent, and barred close-up recordings of bench discussions and privileged communications. Exhibits may not be photographed or published unless expressly permitted. The parties retain the right to seek amendments to the order as circumstances require.

Court disposition

Application granted in part; media access permitted subject to strict conditions.

Orders

  • Applicant may take still photographs and video footage in court for 15 minutes before and after daily proceedings.
  • Applicant may install two stationary, unattended video cameras to record or broadcast proceedings, subject to court direction.
  • No photographs, audio recordings, or video footage of Marli van Breda may be taken without prior written consent of the third respondent.
  • Absolute bar on audio recordings or close-up photography of bench discussions and privileged communications.
  • No exhibits may be photographed, videotaped, or published unless expressly permitted by the court.
  • Parties may approach the court for variation or amendment of the order as warranted.
  • Reasons for the order to be furnished in due course.

02

Material facts

Parties

Media 24 Limited

Applicant

National Director of Public Prosecutions

Respondent

Henri van Breda

Respondent

Adv Louise Buikman SC

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Interlocutory Order Regarding Media Access

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that open justice requires that the public be allowed access to court proceedings through media coverage, including still photography and video broadcasting, subject to reasonable limitations to avoid disruption and protect privacy.
Respondent
The respondents contended that unrestricted media access could prejudice the fair trial rights of the accused and the privacy of witnesses, particularly Marli van Breda, and that strict conditions should be imposed to safeguard these interests.

05

Court’s reasoning

  1. 01

    Section 35 of the Constitution of the Republic of South Africa, 1996

    Open justice is a foundational principle of South African law, but it must be balanced against the rights to privacy and a fair trial.

  2. 02

    SABC Ltd v Thatcher 2005 (4) SA 1 (SCA)

    Media access to court proceedings may be permitted subject to reasonable conditions to prevent undue disruption and protect vulnerable parties.

06

Ratio, limits and disposition

Ratio decidendi

The court held that media access to the Van Breda criminal proceedings is permissible in the interests of open justice, provided that strict guidelines are followed to minimize disruption and protect the privacy of witnesses, especially Marli van Breda. The order allows for limited photography and video recording before and after court sessions, and for stationary, unattended video cameras during proceedings, subject to court direction. The court imposed an absolute prohibition on photographing or recording Marli van Breda without prior written consent, and barred close-up recordings of bench discussions and privileged communications. Exhibits may not be photographed or published unless expressly permitted. The parties retain the right to seek amendments to the order as circumstances require.

Obiter and limits

  • The court emphasized that the principle of open justice does not override the need to protect vulnerable witnesses from media exposure.
  • The order is provisional and may be varied upon application by any party should circumstances change.

Court disposition

Application granted in part; media access permitted subject to strict conditions.

  • Applicant may take still photographs and video footage in court for 15 minutes before and after daily proceedings.
  • Applicant may install two stationary, unattended video cameras to record or broadcast proceedings, subject to court direction.
  • No photographs, audio recordings, or video footage of Marli van Breda may be taken without prior written consent of the third respondent.
  • Absolute bar on audio recordings or close-up photography of bench discussions and privileged communications.
  • No exhibits may be photographed, videotaped, or published unless expressly permitted by the court.
  • Parties may approach the court for variation or amendment of the order as warranted.
  • Reasons for the order to be furnished in due course.

Source and reliance status

Western Cape High Court, Cape Town

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Judgment text

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Source document

Western Cape High Court, Cape Town

Order

[2017] ZAWCHC 36

IN

THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

Case no: 5027/2017

Before His Lordship the Honourable Mr Justice Desai

On Monday, 27 March 2017.

In the matter between:

MEDIA 24

LIMITED

Applicant

and

THE

NATIONAL DIRECTOR OF

PUBLIC

PROSECUTIONS

First Respondent

HENRI

VAN

BREDA

Second Respondent

ADV

LOUISE BUIKMAN SC

Third Respondent

In re:

THE

STATE

VAN

BREDA

Accused

ORDER

HAVING heard Counsel for the Parties and having read the papers filed of record IT IS ORDERED THAT:

1. Subject to what is ordered in paragraph 5 below:-

1.2. For 15 minutes before the commencement of Court each day, and after the adjournment of proceedings, the applicant may take still photographs in court, and video footage in court;

1.3. During the sitting of the Court, the applicant is permitted to install two video cameras to record and or broadcast the proceedings, with the following guidelines:

1.3.1. The cameras shall be set up by not later than 15 minutes before the commencement of proceedings every day, and shall be removed by not later than half an hour after the adjournment of proceedings at the end of the day;

1.3.2. The video cameras shall be stationary, erected on tripods, and shall not be attended by a person;

1.3.3. The video cameras shall be left to record and broadcast the proceedings, and shall be located in such positions as the Court may direct from time to time;

1.3.4. The cameras shall be located discreetly to cause as little intrusion in the proceedings of the Court as possible.

2. None of the arrangements above shall be extended to Marli van Breda, in respect of whom no photographs, audio recordings or video footage shall be taken before, during or after the hearings, whether she is present as a witness, spectator or in any other capacity, save with the prior written consent of the Third Respondent;

3. There is an absolute bar on:

3.1 audio recordings or close-up photography of bench discussions; and

3.2 audio recordings or close-up photography of communications between legal representatives or between clients and their legal representatives;

4. No exhibits shall be photographed, videotaped or published by the media, unless expressly permitted by the Court.

5. The parties are at liberty to approach the Court for any variation or amendment of this order as the occasion warrants.

6. Reasons for this order to be furnished in due course.

BY

ORDER OF COURT

_______

REGISTRAR

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

SABC Ltd v Thatcher 2005 (4) SA 1 (SCA)

Case cited

Constitution of the Republic of South Africa, 1996

Legislation

Legislation referenced in the available case record.

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