The SABC vs NPA Case
2006
South African Broadcasting Corporation Limited v National Director of Public Prosecutions and Others
The right to have cameras in court
Did the South African Broadcasting Corporation have the right to have cameras in court during an appeal on the validity of search warrants in a case concerning an alleged corrupt relationship Schabir Shaik and former President Jacob Zuma? The Judges in the Supreme Court of Appeal rejected the SABC's application on the grounds that the cameras would distract from the hearing. A majority of the Constitutional Court said that although they themselves might have differed from that decision, they would not wish to impose their views on the SCA. On the other hand, Deputy Chief Justice Moseneke said that the right of the public to see justice being done overrode the reticence of the judges of the SCA. Justice Sachs agreed with the general approach of Deputy Chief Justice Moseneke but said that the SABC were at fault in springing their application on the SCA at the last minute rather than approaching them in good time to ensure that the cameras could record the proceedings without being unduly intrusive.
