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South Africa Case Law

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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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Constitutional Law [2015] ZAWCHC 72

Primedia Broadcasting, A Division of Primedia (Pty) Ltd and Others v Speaker of the National Assembly and Others (2749/2015)

Primedia Broadcasting, A Division of Primedia (Pty) Ltd and Others v Speaker of the National Assembly and Others (2749/2015) [2015] ZAWCHC 72; 2015 (4) SA 525 (WCC); [2015] 3 All SA 340 (WCC); 2015 (7) BCLR 835 (WCC) (28 May 2015)

The majority held that Parliament’s Policy and Rules restricting the broadcast of incidents of grave disorder and unparliamentary behaviour are reasonable measures within the meaning of sections 59(1)(b) and 72(1)(b) of the Constitution. Parliament is constitutionally empowered to regulate its internal arrangements and proceedings to protect its dignity and functionality. The measures do not amount to censorship but serve to balance openness with the need to maintain order and decorum. The applicants failed to demonstrate that the limitations are unreasonable or unjustifiable. Regarding the s…

  • Parliamentary Openness
  • Broadcasting Regulation
  • Freedom Of Expression
  • Policy Review
  • Reasonableness Of Limitations
  • Signal Jamming
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