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Singh v Caxton CTP Publishers and Printers and Another (D11759/2017) [2024] ZAKZDHC 63; 2025 (2) SA 225 (KZD) (13 September 2024)
The High Court held that a newspaper report on the plaintiff’s arrest and bail for sexual assault was factual, balanced, and not defamatory.
C.P.K and Others v Mackenzie and Others (3572/2021) [2022] ZAECMKHC 96 (1 November 2022)
The court held that Rule 36(4) permits a party to request medical records relevant to the assessment of damages, but does not authorize inspection of all records nor carte blanche access to records irrespective of relevance. The notices issued by the respondents were overbroad, seeking all medical records without limitation to relevance or time period, and thus infringed the applicants' and the deceased's rights to privacy and dignity. The rule does not provide for inspection, only for making available records that are relevant and accessible. The court found that the applicants' objections w…
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City of Cape Town and Others v K (17436/09) [2016] ZAWCHC 164; 2017 (1) SA 593 (WCC) (1 June 2016)
The court found that the applicants had not demonstrated that a further psychiatric examination of the respondent was necessary or desirable for the assessment of damages. The respondent had already been examined by multiple experts, including psychiatrists and psychologists, whose opinions were overwhelmingly consistent regarding her diagnosis and prognosis. The court held that compelling the respondent to undergo yet another examination would be oppressive and unfair, given the psychological harm and distress caused by repeated assessments. The applicants' motivation appeared to be tactical…
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Media 24 Limited and Others v National Prosecuting Authority and Others (55656/10) [2011] ZAGPPHC 64; 2011 (2) SACR 321 (GNP) (29 April 2011)
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…
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Johncom Media Investments Limited v M and Others (CCT 08/08) [2009] ZACC 5; 2009 (4) SA 7 (CC) ; 2009 (8) BCLR 751 (CC) (17 March 2009)
The Constitutional Court held that section 12 of the Divorce Act was overbroad and unconstitutional, but replaced it with a narrower publication ban protecting identities.
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