Zuma v Downer and Another (788/2023) [2023] ZASCA 132; [2023] 4 All SA 644 (SCA); 2024 (2) SA 356 (SCA); 2024 (1) SACR 589 (SCA) (13 October 2023)
Court
Supreme Court of Appeal
Case number
788/2023
Judges
Molemela, Ponnan, Saldulker, Mocumie, Mothle
The Supreme Court of Appeal found that the private prosecution initiated by Mr Zuma against Mr Downer and Ms Maughan was an abuse of process, instituted for ulterior purposes including delaying his criminal trial and removing Mr Downer as prosecutor. The charges were found to be unfounded and unsustainable, with no confidential information disclosed and no cognisable offence committed. The court held that permitting the private prosecution to continue pending appeal would perpetuate the abuse and cause irreparable harm to the respondents, including undermining press freedom and public confide…
Minister of Law and Order and Another v Argus Printing and Publishing Company Ltd. and Another (250/88) [1989] ZASCA 158 (28 November 1989)
Court
Supreme Court of Appeal
Case number
250/88
Judges
Corbett, Botha, Smalberger, Vivier, F H Grosskopf
The court held that the Commissioner was not empowered under reg 7(1)(b)(ii) or reg 7(1)(d) of the Security Regulations to issue an order controlling what may be published in newspapers, magazines, and other periodicals throughout the Republic. The phrase 'any particular area' in reg 7(1)(b)(ii) could not be interpreted to mean the whole of South Africa, and the general powers in reg 7(1)(d) did not extend to media control, especially in light of specific regulations dealing with such matters. Interpreting these provisions to allow the order would render the specific media regulations redunda…