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 »





South Africa: 2014, a bumper year for media law – Dario Milo

29 01 2015

Oscar Pistorius trial2014 was an important year for the media. The South African courts handed down a number of significant rulings – some good, some bad, and some ugly. I’ll discuss some of the most important cases here. Read the rest of this entry »





Lights, Camera, Oscar!*: Did Judge Masipa find in her judgment that the broadcast led to an unfair trial? – Dario Milo and Stuart Scott

21 10 2014

Judge Thokozile Masipa has, today, sentenced Oscar Pistorius to 5 years’ imprisonment in respect of his conviction for culpable homicide. Judge Masipa’s judgment in respect of the conviction, handed down last month, led to a sea of divided opinion. Read the rest of this entry »





South Africa: A mistrial for Oscar Pistorius? We think not – Dario Milo and Stuart Scott

15 07 2014

pistorius_2486158bOn Sunday night, Australia’s Channel 7 broadcast a video showing Oscar Pistorius apparently re-enacting various moments from the night he killed Reeva Steenkamp.  The footage was reportedly filmed in October 2013 by a US company, The Evidence Room, and reports say that it was commissioned by the defence team to assist with trial preparation in order to reconstruct Oscar Pistorius’ version of events. Read the rest of this entry »





South Africa: The Oscar Trial and the curious case of the media orders – Dario Milo and Stuart Scott

13 07 2014

judge-oscarIn an article we wrote recently for Sunday Times we briefly touched on three orders relating to the media that we suggest were incorrectly made by Judge Masipa during the Oscar Pistorius trial (for more detail on the first two orders see the earlier post on broadcasting the Oscar trial). Read the rest of this entry »





Is there room for a ‘right to be forgotten’ in South Africa? – Dario Milo and Avani Singh

17 06 2014

data-protection-and-cyberThe recent European Court of Justice ruling (available here) that effectively granted a Spanish national ‘a right to be forgotten’ has caused much stir as we wait to see precisely what implications this decision will have.  As expected, Google has reportedly received a flood of requests from people seeking to have their information removed from the Google search engine, including politicians, public figures and persons with criminal records. Read the rest of this entry »








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