South Africa: Review of 2015, Sanral and SAA cases gave weight to media freedom – Dario Milo

14 01 2016

South AfricaLAST year was in some respects an annus horribilis for our young democracy. It began with the State of the Nation controversy in February, when members of the Economic Freedom Fighters (EFF) were removed forcibly from Parliament for persisting in asking when President Jacob Zuma would pay back the state funds spent on upgrading his homestead at Nkandla. Read the rest of this entry »





Media feel pressure as divisions widen on the role of journalists in South Africa – Lesley Cowling

22 10 2015

Top balck journalists John Qwelane (R) and Thami Mazwai are sworn in before theTruth and Reconciliation Commission's special hearing on media at the South African Brocasting Corparation (SABC) in Johannesburg September 17. The two accused mainstream English newspapers of colluding with the apartheid state between 1960 and 1994. SAFRICA TRUTH - RTRTYHA

This month marks the 38th anniversary of the clampdown on the press and the Black Consciousness Movement in South Africa. The day is known as Black Wednesday and is also commemorated as National Press Freedom Day.
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South Africa: The case against criminal defamation – Dario Milo

29 09 2015

Case against Criminal DefamationThe ANC has dropped a welcome bombshell, saying the law has a chilling effect on free speech. One of the most significant events in the recent South African history of free speech and media law happened last Saturday at a workshop on criminal defamation, arranged by the ANC’s legal research group. Read the rest of this entry »





South Africa: Are some politicians scandalising the courts? – Dario Milo

30 07 2015

South-African-Constitutional-CourtIn recent weeks, following the Al-Bashir scandal, some of our most powerful politicians have made provocative statements highly critical of aspects of our judiciary. Read the rest of this entry »





South Africa: Access to court papers is part of open justice – Dario Milo and Stuart Scott

2 07 2015

Dario-MiloJustice must not only be done, it must be seen to be done. This is the essence of the principle of open justice. Put differently, the public has a right to have access to the courts, to observe how matters will be decided and to obtain court documents relating to those cases. Read the rest of this entry »





Case Law, South Africa: City of Cape Town v Sanral, “It tolls for open justice” – Dario Milo

9 04 2015

Cape TownLast week, the South African Supreme Court of Appeal (SCA) handed down its decision ( [2015] ZASCA 58) in the appeal by the City of Cape Town against a Western Cape High Court decision which had dramatically undermined the principle of open justice. Read the rest of this entry »





Case Law, South Africa: Democratic Alliance v ANC, Election text message was “comment” – Eloise le Santo

10 02 2015

Nkandla-zuma(R)On 19 January 2015, the Constitutional Court of South Africa handed down judgment in the case of Democratic Alliance v African National Congress and Another ([2015] ZACC 1), a case concerning text text messages relating to President Jacob Zuma sent to over 1.5 million voters by the Democratic Alliance (DA) in the run up to the 2014 general elections. Read the rest of this entry »








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