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Constitutional Law [2016] ZASCA 142

Primedia Broadcasting (a division of Primedia (Pty) Ltd) and Others v Speaker of the National Assembly and Others (784/2015)

Primedia Broadcasting (a division of Primedia (Pty) Ltd) and Others v Speaker of the National Assembly and Others (784/2015) [2016] ZASCA 142; [2016] 4 All SA 793 (SCA); 2017 (1) SA 572 (SCA) (29 September 2016)

The Supreme Court of Appeal held that Parliament's broadcasting policy and rules, which restrict the televising of disorder and focus the broadcast on the presiding officer during incidents of grave disorder or unparliamentary behaviour, are unconstitutional and unlawful. These measures violate the public's right to an open Parliament, as guaranteed by sections 59 and 72 of the Constitution, and undermine the principles of transparency, accountability, and public participation. The court found that the justifications advanced by Parliament for these limitations—protecting dignity, restricting…

  • Open Parliament
  • Broadcasting Policy
  • Freedom Of Expression
  • Powers Privileges And Immunities Act
  • Signal Jamming
  • Reasonableness Of Limitations
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