CCT08/08

[2009] ZACC 5

2009 (4) SA 7 (CC)

2009 (8) BCLR 751 (CC)

Jafta AJ

8 May 2008

17 March 2009

http://hdl.handle.net/20.500.12144/3483

Application for the confirmation of an order of constitutional invalidity made by the High Court in Johannesburg in respect of section 12 of the Divorce Act 70 of 1979: M & Another v Johncom Media Limited; Johncom Media Limited v M and Others Case No 2007/06719, Witwatersrand Local Division, 11 February 2008, unreported

Application for confirmation of an order of constitutional invalidity in respect of section 12 of the Divorce Act 70 of 1979. The order of invalidity was upheld. Section 12 was held to infringe the right to freedom of expression in terms of s16 of the Constitution in that it prohibited the publication of any information which comes to light during a divorce action or any related proceedings regardless of whether the publication affects the individual's rights or those of their children. Ordered, also, that subject to authorization granted by a court, it is prohibited to publish the identity or any information that might reveal the identity of any party of child in any divorce proceedings.