Synopsis:
Application for leave to appeal directly to the Constitutional Court against the High Court's refusal to deal with constitutionality of clause 2(a) of the Code of Conduct for Broadcasting Services. In a unanimous judgment Langa DCJ held that the High Court had erred in approaching the prayer for constitutional invalidity as if it were a prayer for discretionary relief in terms of s 19(a)(iii) of the Supreme Court of Appeal. The relevant portion of clause 2(a) prohibited speech that was "likely to prejudice relations between sections of the population". Clause 2(a) limited the right to freedom of expression and is therefore unconstitutional. The prohibition was overbroad.
