The National Director of Public Prosecutions v Media 24 Limited and Others; Henri Christo Van Breda v Media 24 Limited and Others

Henri Christo Van Breda was standing trial in the Western Cape High Court on charges of murder, attempted murder and defeating the ends of justice arising from the killing of three family members. The trial attracted intense public and media interest. Media 24 applied to the High Court for permission to install cameras and microphones in the courtroom to record and broadcast the criminal proceedings. Both Van Breda and the National Director of Public Prosecutions opposed the application, arguing that broadcasting the trial would prejudice the accused’s right to a fair trial. The High Court granted Media 24 permission to broadcast the proceedings subject to certain conditions. Van Breda and the NDPP appealed to the Supreme Court of Appeal.

The appeal succeeded in part. Paragraph 1.3 of the High Court’s order permitting the recording and broadcasting of proceedings during court sittings was set aside. The matter was remitted to the High Court for reconsideration in accordance with the principles laid down by the SCA. Media 24 was ordered to pay Van Breda’s costs of appeal.

This case is a leading South African authority on the broadcasting of criminal proceedings. It clarifies how courts must balance freedom of expression and open justice against the right to a fair trial, and establishes that restrictions on media coverage require demonstrable and real prejudice, not mere speculation. The judgment provides important guidance on the exercise of judicial discretion under section 173 of the Constitution in media-access cases.