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South Africa Case Law

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Criminal Law [2023] ZAGPPHC 378

S v Sibiya and Others

S v Sibiya and Others [2023] ZAGPPHC 378; CC 67/2020 (18 May 2023)

Court
North Gauteng High Court, Pretoria
Case number
CC 67/2020
Judge
T A Maumela

The court found that witness number one did not provide sufficient evidence to justify restricting both visual and audio broadcast of her testimony. While her concerns about safety and public scrutiny were acknowledged, she had already participated in public forums and social media, exposing her identity and voice. Previous witnesses were protected from visual broadcast but not audio, and the court saw no reason to treat witness number one differently. The court emphasized the principle of open justice and the public's right to access information, finding that the interests of justice and fai…

Source excerpt

  • Open Justice
  • Media Access To Courts
  • Witness Protection
  • Fair Trial Rights
  • Audio Visual Broadcast
  • Constitutional Balancing
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Delict [2019] ZAKZDHC 16

Hanekom v Zuma (D6316/2019)

Hanekom v Zuma (D6316/2019) [2019] ZAKZDHC 16 (6 September 2019)

Court
Kwazulu-Natal High Court, Durban
Case number
D6316/2019
Judge
D Pillay

The court found that the respondent's tweet, in its natural and ordinary meaning and in the context of South African political history and the respondent's own evidence, implied that the applicant was an apartheid spy. The phrase 'known enemy agent' historically referred to apartheid spies, and the respondent's references to the Zondo Commission and intelligence operations reinforced this implication. The respondent failed to provide any evidence to justify the defamatory statement, and his beliefs and political context did not alter the reasonable reader's interpretation. The tweet was there…

Source excerpt

  • Defamation
  • Dignity And Reputation
  • Freedom Of Expression
  • Final Interdict
  • Quantification Of Damages
  • Constitutional Balancing
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.