South Africa Case Law

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)

Court

Western Cape High Court, Cape Town

Case number

5027/2017

Judge

S Desai

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

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)

Court

Western Cape High Court, Cape Town

Case number

5027/2017

Judge

Desai

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

Media 24 Limited and Others v National Prosecuting Authority and Others (55656/10)

Media 24 Limited and Others v National Prosecuting Authority and Others (55656/10) [2011] ZAGPPHC 64; 2011 (2) SACR 321 (GNP) (29 April 2011)

Court

North Gauteng High Court, Pretoria

Case number

55656/10

Judge

TJ Raulinga

The court held that Section 63(5) of the Child Justice Act establishes a default position of closed proceedings for trials involving minor accused, but allows the presiding officer discretion to permit attendance in exceptional circumstances. In this case, the murder of Mr Eugene Terre'blanche, a prominent political figure, generated significant public interest and speculation, justifying an exception to the default rule. The court found that the interests of open justice and freedom of expression must be balanced against the best interests, privacy, and dignity of the minor accused. Accordin…

Source excerpt

• Child Justice Act Section 63
• Open Justice
• Freedom Of Expression
• Best Interests Of Child
• Media Access To Court
• Privacy And Dignity

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)

Court

South Gauteng High Court, Johannesburg

Case number

09/30894

Judge

Malan

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…

Source excerpt

• Open Justice
• Media Access To Court
• Promotion Of Administrative Justice Act
• Freedom Of Expression
• Judicial Discipline
• Procedural Fairness