South Africa Case Law

Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016)

Mvoko v South African Broadcasting Corporation Soc Ltd (1066/2016) [2017] ZASCA 139; 2018 (2) SA 291 (SCA) (29 September 2017)

Court

Supreme Court of Appeal

Case number

1066/2016

Judges

Navsa, Mathopo, Mokgohloa, Tsoka, Fourie

The Supreme Court of Appeal found that the SABC's interpretation of the 'as and when required' clause was overly broad and inconsistent with the agreement's context and annexures, which contemplated regular scheduling and specific performance of services by Mr Mvoko. The SABC's suspension of Mr Mvoko was not supported by a proper investigation as required by the agreement, and its conduct, motivated by political interference, breached its constitutional and statutory obligations to uphold editorial independence and freedom of expression. The court held that the SABC must comply with the agree…

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• Specific Performance
• Freedom Of Expression
• Broadcasting Act
• Editorial Independence
• Protected Disclosures
• Contractual Interpretation

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012)

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012) [2015] ZAGPJHC 192 (31 August 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A5071/2014, 3294/2012

Judges

Meyer, Victor, Wepener

The High Court held that “sells” in section 27(4) of the Broadcasting Act refers to delivery of the television set, not merely a concluded contract.

• Contract Of Sale
• Statutory Interpretation
• Broadcasting Act
• Dealer Liability
• Penalty Provisions
• Statutory-interpretation

Mpofu v South African Broadcasting Corporation Ltd and Others (13815/2008)

Mpofu v South African Broadcasting Corporation Ltd and Others (13815/2008) [2008] ZAGPHC 144 (19 May 2008)

Court

High Courts - Gauteng

Case number

13815/2008

Judge

Tsoka

The court held that the SABC board meeting of 6 May 2008 was unlawfully constituted because executive directors were excluded, making the suspension invalid.

• Board Composition
• Quorum Requirements
• Unlawful Suspension
• Corporate Governance
• Punitive Costs
• Broadcasting Act

South African Broadcasting Corporation Limited v Thatcher and Others (8924/04)

South African Broadcasting Corporation Limited v Thatcher and Others (8924/04) [2005] ZAWCHC 63; [2005] 4 All SA 353 (C) (31 August 2005)

Court

Western Cape High Court, Cape Town

Case number

8924/04

Judges

Van Zyl, Moosa, Dlodlo

The court held that the applicant's request to televise and record the proceedings was justified by the public interest and the constitutional rights to freedom of expression and access to information. The matter was of significant national and international importance, and the applicant undertook to comply with all relevant codes and statutory obligations. The court found no legal prohibition against delayed broadcasting and emphasized that the proceedings involved only argument and judgment, not witness testimony, thus minimizing privacy concerns. The court exercised its inherent discretion…

Source excerpt

• Freedom Of Expression
• Open Justice
• Media Access To Courts
• Right To Privacy
• Broadcasting Act
• Judicial Discretion