South African Broadcasting Corporation Ltd. v Downer NO and Shaik (435/06)
South African Broadcasting Corporation Ltd. v Downer NO and Shaik (435/06) [2006] ZASCA 90; [2006] SCA 89 (RSA) ; [2007] 1 All SA 384 (SCA) (24 August 2006)
The court held that the application involved a clash of constitutional rights: the applicant's right to freedom of expression and the respondents' rights to a fair trial and privacy. The court emphasised that its discretion under section 173 of the Constitution must be exercised by balancing these rights in the interests of justice. The court found that the circumstances of the case, including the high public interest, the complexity and sensitivity of the appeals, and the pending prosecution of Zuma, created a material risk that live or recorded sound broadcasting would inhibit justice and i…
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- Freedom Of Expression
- Fair Trial Right
- Court Process Regulation
- Privacy Rights