South Africa Case Law

Democratic Alliance v South African Broadcasting Corporation SOC Limited (20/33806)

Democratic Alliance v South African Broadcasting Corporation SOC Limited (20/33806) [2020] ZAGPJHC 391 (11 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20/33806

Judge

R Strydom

The High Court ordered the SABC to broadcast the DA’s federal congress live on SABC2, finding that free-to-air coverage was required to reach the widest audience.

• Freedom Of Expression
• Public Broadcasting Duties
• Editorial Independence
• Mandatory Interdict
• Review Of Administrative Action
• Broadcasting Act Interpretation

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…

Source excerpt

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

Motale v The Citizen 1978 (Pty) Ltd and Others (J2819/16)

Motale v The Citizen 1978 (Pty) Ltd and Others (J2819/16) [2017] ZALCJHB 22; [2017] 5 BLLR 511 (LC) (27 January 2017)

Court

Labour Court Johannesburg

Case number

J2819/16

Judge

D H Gush

The Labour Court held that The Citizen breached Motale’s employment contract by dismissing him without following the incorporated disciplinary code, and ordered reinstatement.

• Breach Of Employment Contract
• Disciplinary Code Compliance
• Specific Performance
• Editorial Independence
• Employment-contract
• Disciplinary-code

Solidarity and Others v South African Broadcasting Corporation (J1343/16)

Solidarity and Others v South African Broadcasting Corporation (J1343/16) [2016] ZALCJHB 273; 2016 (6) SA 73 (LC); (2016) 37 ILJ 2888 (LC); [2017] 1 BLLR 60 (LC) (26 July 2016)

Court

Labour Court Johannesburg

Case number

J1343/16

Judge

Lagrange

The Labour Court found that the SABC's summary dismissal of the applicants was unlawful and void ab initio, as it breached both the contractual right to a disciplinary hearing and the SABC's own disciplinary code. The dismissals were premised on the enforcement of the Protest Policy, which had been declared invalid by ICASA, rendering any instruction to comply with it unlawful. Furthermore, the dismissals infringed the applicants' constitutional right to freedom of expression, given the SABC's public mandate and the role of journalists in a constitutional democracy. The Court held that it had…

Source excerpt

• Unlawful Dismissal
• Disciplinary Procedure
• Freedom Of Expression
• Specific Performance
• Editorial Independence

Freedom of Expression Institute v Chair, Complaints and Compliance Committee and Others (2009/51933)

Freedom of Expression Institute v Chair, Complaints and Compliance Committee and Others (2009/51933) [2011] ZAGPJHC 2 (24 January 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2009/51933

Judge

C J Claassen

High Court review of a CCC decision found ICASA's committee had misread its jurisdiction and set aside its dismissal of FXI's complaint against the SABC.

• Promotion Of Administrative Justice Act
• Broadcasting Regulation
• Editorial Independence
• Licence Conditions
• Freedom Of Expression
• Judicial Review