South Africa Case Law

Media 24 Limited v National Director of Public Prosecutions and Others, In re: S v Van Breda (5027/2017)

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)

Court

Western Cape High Court, Cape Town

Case number

5027/2017

Judge

S Desai

The High Court refused leave to appeal against an order allowing broadcast of the Van Breda criminal trial, finding no prospects of success or compelling reason.

• Open Justice
• Broadcasting Of Court Proceedings
• Fair Trial Rights
• Clash Of Rights
• Discretion Of Court
• Open-justice

Combined Artistic Productions CC and Another v Graham and Others (61790/2012)

Combined Artistic Productions CC and Another v Graham and Others (61790/2012) [2016] ZAGPPHC 601 (11 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

61790/2012

Judge

Tuchten

The High Court allowed filming and broadcast of a disciplinary hearing, finding the respondents’ fears of future distortion were speculative and outweighed by open justice.

• Open Justice
• Freedom Of Expression
• Broadcasting Of Court Proceedings
• Dignity
• Interdict
• Disciplinary Proceedings

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)

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)

Court

South Gauteng High Court, Johannesburg

Case number

16762/2014

Judge

Lamont

The court authorized SABC to record, distribute, and broadcast a criminal trial, but imposed detailed safeguards to protect privacy, security, and confidentiality.

• Open Justice
• Media Access To Courts
• Broadcasting Of Court Proceedings
• Privacy And Security In Court
• Court Discretion On Media
• Technical Specifications For Recording

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)

Court

North Gauteng High Court, Pretoria

Case number

10193/2014

Judge

Mlambo JP

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…

Source excerpt

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