Munusamy v Hefer N.O and Others (3637/2003) [2003] ZAFSHC 28; 2004 (5) BCLR 538 (O); [2004] 1 All SA 521 (O); 2004 (5) SA 112 (O) (11 November 2003)

Munusamy v Hefer N.O and Others (3637/2003) [2003] ZAFSHC 28; 2004 (5) BCLR 538 (O); [2004] 1 All SA 521 (O); 2004 (5) SA 112 (O) (11 November 2003)

The Court found that the Commission's decision to summon the applicant as a witness was lawful, reasonable, and did not violate her constitutional rights. The applicant was in possession of documents and information directly relevant to the Commission's terms of reference, and her evidence was both admissible and material. There is no South African rule requiring journalists to be called only as a last resort, and the sequence of witnesses is a matter of discretion for the Commission. The applicant's constitutional rights to freedom of expression and protection of sources were acknowledged, but these do not grant blanket immunity from being called as a witness. The Commission's approach,...

Citation
[2003] ZAFSHC 28
Parties
Applicant: Ranjeni Munusamy; Respondent: JJF Hefer NO; Respondent: Minister of Justice; Respondent: Bulelani Ngcuka; Respondent: Shaik, Moe; Respondent: Maharaj, Mac; Amicus Curiae: Freedom of Expression Institute; Amicus Curiae: South African National Editors’ Forum; Amicus Curiae: MISA – SA; Amicus Curiae: Media Workers Association of South Africa
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 November 2003
Case Number
3637/2003
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel where employed.
Judges
Malherbe JP, Lombard J
Legal Topics
Promotion of Administrative Justice Act, Freedom of Expression, Journalistic Privilege, Commission of Inquiry, Review of Administrative Action
Administrative Law Constitutional Law Promotion of Administrative Justice Act Freedom of Expression Journalistic Privilege Commission of Inquiry Review of Administrative Action

Case Brief

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Parties

Ranjeni Munusamy

Applicant

JJF Hefer NO

Respondent

Minister of Justice

Respondent

Bulelani Ngcuka

Respondent

Shaik, Moe

Respondent

Maharaj, Mac

Respondent

Freedom of Expression Institute

Amicus Curiae

South African National Editors’ Forum

Amicus Curiae

MISA – SA

Amicus Curiae

Media Workers Association of South Africa

Amicus Curiae

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the decision to summon the applicant as a witness before the Commission was lawful and reasonable.
  2. 2 Whether the applicant should be excused from giving evidence before the Commission.
  3. 3 Whether the applicant's evidence should be postponed until all other evidence has been given.

Ratio Decidendi

The Court found that the Commission's decision to summon the applicant as a witness was lawful, reasonable, and did not violate her constitutional rights. The applicant was in possession of documents and information directly relevant to the Commission's terms of reference, and her evidence was both admissible and material. There is no South African rule requiring journalists to be called only as a last resort, and the sequence of witnesses is a matter of discretion for the Commission. The applicant's constitutional rights to freedom of expression and protection of sources were acknowledged, but these do not grant blanket immunity from being called as a witness. The Commission's approach,...

Court Disposition

Application dismissed with costs, including costs of two counsel where employed.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of first, second, and third respondents, including the costs of two counsel where two counsel were employed.