Mail and Guardian Limited and Others v Judicial Service Commission and Others (09/30894)
Mail and Guardian Limited and Others v Judicial Service Commission and Others (09/30894) [2009] ZAGPJHC 29; [2010] 1 All SA 148 (GSJ); 2010 (6) BCLR 615 (GSJ) (29 July 2009)
The court held that the JSC's decision to exclude the public and media from the preliminary investigation was unlawful and procedurally unfair. The JSC's powers to regulate its own procedures do not absolve it from acting in accordance with constitutional principles of openness, accountability, and freedom of expression. The matter had progressed beyond the stage where confidentiality was justified, as the complaints and identities were already public and prior hearings had been open. The JSC failed to provide adequate justification for limiting media access and did not properly consider the…
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- Open Justice
- Media Access To Court
- Promotion Of Administrative Justice Act
- Freedom Of Expression
- Judicial Discipline
- Procedural Fairness