Johncom Media Investments Limited v M and Others

After a divorce between Ms M and Mr D, Mr D instituted civil proceedings alleging that Ms M had misrepresented that their son, PD, was his biological child, claiming damages and related relief. While the matter was pending, The Sunday Times, owned by Johncom Media Investments Ltd, sought to publish a story based on the pleadings. Ms M and PD obtained an urgent interim interdict preventing publication, relying on section 12 of the Divorce Act 70 of 1979 and their rights to privacy and dignity. Johncom opposed confirmation of the interdict and counter-applied for a declaration that section 12 of the Divorce Act was unconstitutional on the basis that it imposed an overbroad and blanket ban on publication of information arising from divorce proceedings. The High Court declared section 12 unconstitutional and referred the order to the Constitutional Court for confirmation.

The Constitutional Court confirmed the High Court’s order declaring section 12 of the Divorce Act 70 of 1979 unconstitutional and invalid in its entirety. The declaration of invalidity was not suspended.

This case is a leading authority on the balance between freedom of expression and privacy in the context of divorce proceedings. It affirms the constitutional principle of open justice and underscores that statutory limitations on media reporting must be proportionate and narrowly tailored. The judgment had significant implications for media reporting on family law matters and prompted legislative reconsideration of how to protect children and privacy without unjustifiably limiting freedom of expression.