Media 24 Limited v National Director of Public Prosecutions and Others, In re: S v Van Breda (5027/2017) [2017] ZAWCHC 37 (6 April 2017)

Media 24 Limited v National Director of Public Prosecutions and Others, In re: S v Van Breda (5027/2017) [2017] ZAWCHC 37 (6 April 2017)

The court found no reasonable prospects that another court would reach a different conclusion regarding the order permitting broadcast of the criminal trial. There was no evidence that broadcasting would compromise the accused's fair-trial rights or inhibit witnesses. The concerns raised by the respondents were speculative and not supported by facts specific to this case. The principles of open justice and free expression, as protected by the Constitution, were held to outweigh the speculative risks. The court retained discretion to vary the order should any real issues arise during the trial. Accordingly, leave to appeal was refused.

Citation
[2017] ZAWCHC 37
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
Judgment Date
6 April 2017
Case Number
5027/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Permitting Broadcast of Criminal Trial
Outcome
Leave to appeal is refused.
Judges
S Desai
Legal Topics
Open Justice, Broadcasting of Court Proceedings, Fair Trial Rights, Clash of Rights, Discretion of Court
Constitutional Law Criminal Law Open Justice Broadcasting of Court Proceedings Fair Trial Rights Clash of Rights Discretion of Court

Case Brief

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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

Leave to Appeal / Application for Leave to Appeal Against Order Permitting Broadcast of Criminal Trial

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order permitting video recording and broadcast of the criminal trial.
  2. 2 Whether the broadcast would compromise the accused's fair-trial rights or inhibit justice.
  3. 3 Whether there is any compelling reason for the matter to be heard by a higher court.

Ratio Decidendi

The court found no reasonable prospects that another court would reach a different conclusion regarding the order permitting broadcast of the criminal trial. There was no evidence that broadcasting would compromise the accused's fair-trial rights or inhibit witnesses. The concerns raised by the respondents were speculative and not supported by facts specific to this case. The principles of open justice and free expression, as protected by the Constitution, were held to outweigh the speculative risks. The court retained discretion to vary the order should any real issues arise during the trial. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal is refused.

Orders

  • Leave to appeal against the order permitting broadcast of the criminal trial is refused.