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Media 24 Limited v National Director of Public Prosecutions and Others, In re: S v Van Breda (5027/2017) [2017] ZAWCHC 36 (27 March 2017)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

 

Case no:    5027/2017

 

Before His Lordship the Honourable Mr Justice Desai

On Monday, 27 March 2017.

 

In the matter between:

MEDIA 24 LIMITED                                                                                                 Applicant

and

THE NATIONAL DIRECTOR OF

PUBLIC PROSECUTIONS                                                                       First Respondent

HENRI VAN BREDA                                                                            Second Respondent

ADV LOUISE BUIKMAN SC                                                                   Third Respondent

 

In re:

THE STATE

and

VAN BREDA                                                                                                             Accused

 

ORDER

 

HAVING heard Counsel for the Parties and having read the papers filed of record IT IS ORDERED THAT:

 

1. Subject to what is ordered in paragraph 5 below:-

1.2. For 15 minutes before the commencement of Court each day, and after the adjournment of proceedings, the applicant may take still photographs in court, and video footage in court;

1.3. During the sitting of the Court, the applicant is permitted to install two video cameras to record and or broadcast the proceedings, with the following guidelines:

1.3.1. The cameras shall be set up by not later than 15 minutes before the commencement of proceedings every day, and shall be removed by not later than half an hour after the adjournment of proceedings at the end of the day;

1.3.2. The video cameras shall be stationary, erected on tripods, and shall not be attended by a person;

1.3.3. The video cameras shall be left to record and broadcast the proceedings, and shall be located in such positions as the Court may direct from time to time;

1.3.4. The cameras shall be located discreetly to cause as little intrusion in the proceedings of the Court as possible.

2. None of the arrangements above shall be extended to Marli van Breda, in respect of whom no photographs, audio recordings or video footage shall be taken before, during or after the hearings, whether she is present as a witness, spectator or in any other capacity, save with the prior written consent of the Third Respondent;

3. There is an absolute bar on:

3.1 audio recordings or close-up photography of bench discussions; and

3.2 audio recordings or close-up photography of communications between legal representatives or between clients and their legal representatives;

4. No exhibits shall be photographed, videotaped or published by the media, unless expressly permitted by the Court.

5. The parties are at liberty to approach the Court for any variation or amendment of this order as the occasion warrants.

6. Reasons for this order to be furnished in due course.

 

BY ORDER OF COURT

 

___________________

REGISTRAR