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dc.date.accessioned 2017-04-08T17:07:06Z
dc.date.available 2017-04-08T17:07:06Z
dc.date.created 2006-09-11 en
dc.identifier.citation 2007 (1) SA SA 523 (CC)
dc.identifier.citation 2007 (2) BCLR 167 (CC)
dc.identifier.citation [2006] JOL 18339 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3074
dc.title South African Broadcasting Corporation Limited v National Director of Public Prosecutions and Others en
dc.title.alternative CCT58/06 en
dc.identifier.casenumber CCT58/06 en
dc.contributor.judge Langa CJ Majority judgment
dc.contributor.judge Moseneke DCJ separate judgment
dc.contributor.judge Mokgoro J separate judgment
dc.contributor.judge Sachs J separate judgment
dc.date.judgment 21 September 2006
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3074/Full%20judgment%20%28469%20Kb%29-8016.pdf?sequence=15&isAllowed=y
dc.concourt.synopsis The applicant sought an order allowing it to broadcast on radio and television the appeals of the second to twelfth respondents through the use of visuals and sound. Together with this, the applicant sought permission to broadcast edited highlights packages on television and radio. Langa CJ held that s.173 of the Constitution gives a court the inherent power to regulate its own process. This section is fundamental to our democracy and absolutely crucial to enable courts to properly and effectively administer their own affairs. Where a court exercises discretion in terms of s.173, a court on appeal, may only interfere with that decision if it is manifestly unjust, or violates the rights in the Bill of Rights or the provisions of the Constitution. The application was dismissed. Sachs J wrote a separate judgment and concurred in the judgment of the majority. Moseneke DCJ together with Mokgoro J dissented, holding that s.173 can not be used in such a way as to impinge on a right in the Constitution. In this case the discretion exercised violated the right to freedom of expression of the SABC.
dc.concourt.casehistory Appeal to the Constitutional Court for leave to appeal against a judgment of the Supreme Court of Appeal: SABC v Downer NO and Shaik [2006] SCA 89 (RSA), Case No 435/06, 24 August 2006, as yet unreported


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