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dc.date.accessioned 2017-04-08T17:16:05Z
dc.date.available 2017-04-08T17:16:05Z
dc.date.created 2013-02-20 en
dc.identifier.citation [2013] ZACC 32
dc.identifier.citation 2013 (6) SA 367 (CC)
dc.identifier.citation 2013 (11) BCLR 1259 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3700
dc.title Mail and Guardian Media Limited and Others v Chipu NO and Others (Southern Africa Litigation Centre as Amicus Curiae) en
dc.title.alternative CCT136/12 en
dc.identifier.casenumber CCT136/12 en
dc.contributor.judge Zondo J
dc.date.judgment 27 September 2013
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3700/Full%20judgment%20Official%20version%20%28454%20Kb%29-21371.pdf?sequence=19&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against a judgment of the North Gauteng High Court concerning the constitutionality of section 21(5) of the Refugees Act. Section 21(5) provides that the “confidentiality of asylum applications and the information contained therein must be ensured at all times” and thus prevents any member of the public or the media from attending asylum application proceedings. The applicants sought an order to declare section 21(5) unconstitutional to the extent that it precludes members of the public or the media from attending and reporting on proceedings before the Refugee Appeal Board. The High Court held that section 21(5) of the Refugees Act constituted a limitation on the freedom of the press and other media, as well as the freedom to receive or impart information or ideas. However, the High Court concluded that the limitation was justifiable given the importance of confidentiality to the integrity of the asylum process and therefore upheld the constitutionality of the section. The Constitutional Court held that the section was unconstitutional to the extent that it did not afford discretion to allow access to asylum proceedings where certain requirements had been met. The appeal was upheld and section 21(5) of the Act was declared unconstitutional. Judgment: Zondo J (unanimous).
dc.concourt.casehistory Application for leave to appeal against a judgment and order of the Pretoria High Court: Mail and Guardian Media Ltd and Others v Chipu, NO, Chairperson of the Refugee Appeal Board and Others (22645/2011) [2012] ZAGPPHC 341 (6 December 2012).


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