South African Broadcasting Corporation Limited v Director of Public Prosecutions, South Gauteng High Court Johannesburg and Others; InRe: S v Krejcir and Others (16762/2014) [2014] ZAGPJHC 241 (12 June 2014)

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION

JOHANNESBURG

CASE NO 16762/2014

DATE: 12 JUNE 2014

BEFORE THE HONOURABLE JUDGE LAMONT

In the matter between:

THE SOUTH AFRICAN BROADCASTING

CORPORATION LIMITED............................................................................Applicant

And

THE DIRECTOR OF PUBLIC PROSECUTIONS, SOUTH

GAUTENG HIGHCOURT, JOHANNESBURG.....................................First Respondent

RADOVAN KREJCIR......................................................................Second Respondent

LUPHONDO DESAI...........................................................................Third Respondent

SAMUEL MARUPING......................................................................Fourth Respondent

JEFF NTHONARE...............................................................................Fifth Respondent

SIBONISO MIYA................................................................................Sixth Respondent

LEFU MOFOKENG........................................................................Seventh Respondent

In Re:

THE STATE

v

RADOVAN KREJCIR.............................................................................First Accused

LUPHONDO DESAI..........................................................................Second Accused

SAMUEL MARUPING.........................................................................Third Accused

JEFF NTHONARE.............................................................................Fourth Accused

SIBONISO MIYA.................................................................................Fifth Accused

LEFU MOFOKENG.............................................................................Sixth Accused

DRAFT ORDER

Having read the documents filed of record and having considered the matter:

IT IS ORDERED THAT:

1. The applicant, South African Broadcasting Corporation Ltd (SABC), or its authorized representatives, is authorized to record distribute and broadcast, all the permitted portion of the criminal trial of Krejcir and 5 others under case no 26/2014 (“the trial”).

2. The permitted portion is constituted by the whole of the trial save for such portion as is specifically directed:

2.1 not to be recorded (whether by audio or video),

2.2 not to be distributed,

2.3 not to be broadcast.

Technical Specifications.

3. The applicant shall set up the equipment in accordance with the specifications set out below to obtain the video and audio recordings to enable it to distribute and broadcast the trial.

4. The applicant shall set up the equipment identified below as follows:-

4.1 two cameras and the accompanying audio equipment (“the equipment”) shall be installed conveniently and unobtrusively towards the back and side of the court in positions acceptable to the security detail,

4.2 the equipment must be in position at least 15 minutes before the start of proceedings and may only be moved when the court is not in session,

4.3 such cameras shall remain in a fixed position while the court is in session,

4.4 the cameraman shall not move around the court.

5. The applicant shall ensure that:

5.1 there is no audio recoding in any manner of any confidential communication between legal representatives or between clients and their legal representatives, or any bench discussions between the judge and any lay assessors that may be appointed,

5.2 there is no close up video recording of the presiding judge, legal representatives, parties or witnesses in court,

5.3 equipment is deactivated so that no audio or video recording whatsoever can take place while the court is not in session,

5.4 only the permitted portion of the recording is distributed,

5.5 the equipment used does not:

5.5.1 emit any sound,

5.5.2 emit any signal which interferes with the DCRS machine (used to record the court proceedings) or the equipment used by security detail,

5.5.3 have any physical characteristic which draws attention to it.

5.6 the cell and telephone numbers, addresses (electronic or physical) and any means by which any person referred to whether a party or not can be contacted is not distributed or broadcast,

5.7 prior to distribution any portion of the recoding which is not to be broadcast is removed from the recordings which are distributed,

5.8 the members of the security detail and their position in court are as far as possible not recorded,

5.9 there is neither distribution nor broadcast of such recordings as are made of the members of the security detail,

5.10 the applicant and its employees shall at all times obey all and any instructions given by the security detail.

6. Distribution and publication of any recordings made by the equipment shall at all times be delayed for 15 minutes from the time the recording is made.

7. Any person shall at all time be entitled to object to:

7.1 any recordings (audio and video) being made,

7.2 the distribution of any recording,

7.3 broadcast of any recording.

8. Any person includes, a person who is a participant in the proceedings, including, without limiting the generality of the aforegoing, the Judge, any person representing the prosecution and the accused; any witness, any legal representative or any person present in court (including the gallery) and the security detail.

9. If any person makes objection at any stage during the trial, the applicant shall forthwith ease recording in respect of both audio and visual such recording, the distributing and the broadcast (“the broadcast”) thereof.

10. The objection shall be raised by way of the objector, raising his hand, standing up and drawing attention to him self.

11. Immediately an objector makes objection:

11.1 all recording audio and video shall cease,

11.2 all distribution shall cease,

11.3 all broadcasting shall cease,

11.4 the recoding already distributed for broadcast shall not be broadcast.

12. The objection of the objector shall forthwith be considered by the court, which shall make such ruling as to the continuation of the recording, distribution and broadcast as it may deem meet, including rulings as to the recordings already made but not yet distributed and/or broadcast.

13 The applicant is directed forthwith at no cost to distribute the recording to any person who requests access to same. Only the permitted portion of any recoding may be distributed.

14. No photographic, video or audio devices are to be used in court save as permitted by this order.

15. A copy of this order shall be attached to each entrance of the court used by the public.

16. The security detail shall have the right to, (any person entering the court with any photographic, video and audio devices consents to them exercising such right) to inspect the recordings made on any device brought into court and to delete any recording which in their sole absolute discretion impacts negatively on any security arrangement in court or which poses a threat to the court security.

17. The applicant is directed to make the feed of the broadcast available to any person who requests access to same in “clean” form that is without logos and forthwith distribute the recordings at no cost. Only such portions of the recordings as have been permitted for broadcast may be distributed.

18. Any person to whom the recordings are to be distributed shall be given a copy of this order prior to any recording being distributed to it. Unless such party agrees to be bound by the orders made herein the distribution shall not take place. Such party shall signify its consent by agreeing to the distribution of the recording to it.

19. There shall be no distribution of the recoding to any person who does not agree to be bound by the terms of this order.

BY ORDER OF THE COURT

REGISTRAR