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)
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...
Source-derived case information.
- Citation
- [2017] ZAWCHC 36
- Parties
- Applicant: Media 24 Limited; Respondent: National Director of Public Prosecutions; Respondent: Henri van Breda; Respondent: Adv Louise Buikman SC
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 5027/2017
- Procedural Posture
- Urgent Application / Interlocutory Order Regarding Media Access
- Outcome
- Application granted in part; media access permitted subject to strict conditions.
- Judges
- Desai
- Legal Topics
- Open Justice, Media Access to Court, Broadcasting of Proceedings, Privacy of Witnesses
Source-derived case record
Summary, issues, holding and outcome
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Parties
Media 24 Limited
Applicant
National Director of Public Prosecutions
Respondent
Henri van Breda
Respondent
Adv Louise Buikman SC
Respondent
Procedural Posture
Urgent Application / Interlocutory Order Regarding Media Access
Legal Issues
- 1 Whether media may record and broadcast criminal proceedings in the Van Breda trial.
- 2 What limitations should be imposed to protect privacy and dignity of witnesses and parties.
- 3 Whether the interests of justice permit media access subject to conditions.
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...
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.
Full Case Text
Judgment text and source record
39 paragraphs
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