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South Africa Case Law

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Civil Procedure [2015] ZAGPPHC 939

Oryx Oil South Africa (Pty) Ltd v Royale Gas (Pty) Ltd and Another (44830/12)

Oryx Oil South Africa (Pty) Ltd v Royale Gas (Pty) Ltd and Another (44830/12) [2015] ZAGPPHC 939 (15 December 2015)

The court held that the applicant's counter-application to vary the interlocutory order to compel was not out of time, as interlocutory orders may be varied before judgment without condonation. The applicant demonstrated good cause for variation by establishing the risk of competitive harm if distributor agreements were disclosed without confidentiality undertakings. The court found that the respondent did not dispute the applicant's allegations of harm and that a balancing of competing rights was required. The court exercised its discretion to allow controlled disclosure, requiring the respo…

  • Variation Of Interlocutory Order
  • Confidentiality In Discovery
  • Rule 35 Discovery
  • Balancing Of Competing Rights
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Constitutional Law [2014] ZAGPPHC 37

Multichoice (Proprietary) Limited and Others v National Prosecuting Authority and Another (10193/2014)

Multichoice (Proprietary) Limited and Others v National Prosecuting Authority and Another (10193/2014) [2014] ZAGPPHC 37; [2014] 2 All SA 446 (GP); 2014 (1) SACR 589 (GP) (25 February 2014)

The court held that the constitutional rights to freedom of expression and open justice must be balanced against the accused's right to a fair trial. Broadcasting of criminal proceedings is permissible, provided adequate safeguards are in place to prevent prejudice to the accused and witnesses. The court found that audio coverage of the entire trial does not pose the same risks as audio-visual coverage and should be allowed. Audio-visual and photographic coverage is permitted for certain portions of the trial, excluding the testimony of the accused and his witnesses, unless they consent. The…

  • Freedom Of Expression
  • Open Justice Principle
  • Fair Trial Right
  • Broadcasting Of Court Proceedings
  • Section 173 Inherent Powers
  • Balancing Of Competing Rights
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