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South Africa Case Law

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Constitutional Law [2018] ZASCA 140

Centre for Child Law and Others v Media 24 Limited and Others (871/2017)

Centre for Child Law and Others v Media 24 Limited and Others (871/2017) [2018] ZASCA 140; 2018 (2) SACR 696 (SCA); [2018] 4 All SA 615 (SCA) (28 September 2018)

Court
Supreme Court of Appeal
Case number
871/2017
Judges
Maya P, Willis JA, Swain JA, Van der Merwe JA, Mocumie JA

Section 154(3) of the Criminal Procedure Act is constitutionally invalid to the extent that it fails to protect the anonymity of children as victims of crime at criminal proceedings. The exclusion of child victims from anonymity protection is irrational and breaches the right to equal protection under section 9(1) of the Constitution. The limitation on media freedom and open justice imposed by extending anonymity protection to child victims is reasonable and justifiable under section 36, given the vulnerability of children and the psychological harm caused by identification. However, the exte…

Source excerpt

  • Child Anonymity In Criminal Proceedings
  • Bill Of Rights Limitation
  • Best Interests Of The Child
  • Open Justice Principle
  • Freedom Of Expression
  • Constitutional Invalidity
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Constitutional Law [2014] ZAGPPHC 37

Multichoice (Proprietary) Limited and Others v National Prosecuting Authority and Another (10193/2014)

Multichoice (Proprietary) Limited and Others v National Prosecuting Authority and Another (10193/2014) [2014] ZAGPPHC 37; [2014] 2 All SA 446 (GP); 2014 (1) SACR 589 (GP) (25 February 2014)

Court
North Gauteng High Court, Pretoria
Case number
10193/2014
Judge
Mlambo JP

The court held that the constitutional rights to freedom of expression and open justice must be balanced against the accused's right to a fair trial. Broadcasting of criminal proceedings is permissible, provided adequate safeguards are in place to prevent prejudice to the accused and witnesses. The court found that audio coverage of the entire trial does not pose the same risks as audio-visual coverage and should be allowed. Audio-visual and photographic coverage is permitted for certain portions of the trial, excluding the testimony of the accused and his witnesses, unless they consent. The…

Source excerpt

  • Freedom Of Expression
  • Open Justice Principle
  • Fair Trial Right
  • Broadcasting Of Court Proceedings
  • Section 173 Inherent Powers
  • Balancing Of Competing Rights
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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.