Zuma and Another v South African Broaddcasting Corporation and Others (2024/077748) [2025] ZAGPJHC 79 (31 January 2025)

Zuma and Another v South African Broaddcasting Corporation and Others (2024/077748) [2025] ZAGPJHC 79 (31 January 2025)

The court held that the use of the term 'Government of National Unity' by the SABC does not implicate constitutional rights, particularly section 16, as it does not restrain freedom of expression or suppress information about the political debate. The applicants' challenge is based on political disagreement rather than a breach of constitutional rights. The SABC's conduct is regulated by statute, and remedies for complaints exist under the Broadcasting Act and ICASA Act, which the applicants failed to pursue. The refusal by the SABC CEO to desist from using the term does not constitute administrative action or the exercise of public power and is not reviewable under PAJA or legality. The...

Citation
[2025] ZAGPJHC 79
Parties
Applicant: Jacob Gedleyihlekisa Zuma; Applicant: Umkhonto Wesizwe Party; Respondent: South African Broadcasting Corporation; Respondent: The Chairperson of the Board of the SABC; Respondent: The Group CEO: SABC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 January 2025
Case Number
2024/077748
Procedural Posture
Constitutional Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel where employed, joint and several liability.
Judges
Fisher
Legal Topics
Freedom of Expression, Broadcasting Regulation, Review Under Paja, Section 172 Declaration, Editorial Policy, Subsidiarity
Constitutional Law Administrative Law Telecoms and Media Freedom of Expression Broadcasting Regulation Review Under Paja Section 172 Declaration Editorial Policy +1 more

Case Brief

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Parties

Jacob Gedleyihlekisa Zuma

Applicant

Umkhonto Wesizwe Party

Applicant

South African Broadcasting Corporation

Respondent

The Chairperson of the Board of the SABC

Respondent

The Group CEO: SABC

Respondent

Procedural Posture

Constitutional Application / Judgment

Legal Issues

  1. 1 Whether the SABC's use of the term 'Government of National Unity' (GNU) in its broadcasts is unconstitutional.
  2. 2 Whether the refusal by the SABC CEO to desist from using the term constitutes administrative action reviewable under PAJA or legality.
  3. 3 Whether constitutional rights, specifically section 16 (freedom of expression), are implicated by the SABC's conduct.

Ratio Decidendi

The court held that the use of the term 'Government of National Unity' by the SABC does not implicate constitutional rights, particularly section 16, as it does not restrain freedom of expression or suppress information about the political debate. The applicants' challenge is based on political disagreement rather than a breach of constitutional rights. The SABC's conduct is regulated by statute, and remedies for complaints exist under the Broadcasting Act and ICASA Act, which the applicants failed to pursue. The refusal by the SABC CEO to desist from using the term does not constitute administrative action or the exercise of public power and is not reviewable under PAJA or legality. The...

Court Disposition

Application dismissed with costs, including costs of two counsel where employed, joint and several liability.

Orders

  • The application is dismissed with costs on scale C, including costs of two counsel where employed.
  • Liability for costs is joint and several.