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South Africa Case Law

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Constitutional Law [2019] ZAGPPHC 316

National Director of Public Prosecutions and Others v Fields of Green for ALL NPC and Others, Doctors For Life International Incorporated v Fields of Green For All NPC and Others (A641/2017, A133/2018, 2011/58664)

National Director of Public Prosecutions and Others v Fields of Green for ALL NPC and Others, Doctors For Life International Incorporated v Fields of Green For All NPC and Others (A641/2017, A133/2018, 2011/58664) [2019] ZAGPPHC 316; [2019] 3 All SA 866 (GP); 2019 (2) SACR 564 (GP) (11 July 2019)

The court held that the principle of open justice applies equally to non-traditional media entities and that there is no logical basis to distinguish between conventional media houses and other entities, including those closely associated with litigants, when it comes to broadcasting court proceedings. The procedure followed by the trial court, which relied on extensive correspondence and did not require a formal substantive application or oral argument, was consistent with the Practice Manual and constitutional requirements. The appellants failed to demonstrate any real or substantial prejud…

  • Open Justice
  • Media Access To Courts
  • Fair Trial Rights
  • Practice Manual Procedure
  • Broadcasting Of Proceedings
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Constitutional Law [2017] ZAWCHC 35

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 35 (4 April 2017)

The High Court allowed Media 24 to place cameras in the Van Breda murder trial, finding that speculative concerns about prejudice did not justify limiting media rights.

  • Freedom Of Expression
  • Open Justice
  • Media Access To Court
  • Fair Trial Rights
  • Broadcasting Of Proceedings
  • Limitation Of Rights
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Civil Procedure [2017] ZAWCHC 36

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 36 (27 March 2017)

The High Court allowed limited media recording in the Van Breda proceedings, subject to strict conditions protecting privacy, witnesses, and court communications.

  • Open Justice
  • Media Access To Court
  • Broadcasting Of Proceedings
  • Privacy Of Witnesses
  • Open-justice
  • Media-access-to-court
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.