Primedia Broadcasting (a division of Primedia (Pty) Ltd) and Others v Speaker of the National Assembly and Others

The case arose from events during the State of the Nation Address (SONA) on 12 February 2015. The appellants, comprising a broadcaster, media organisations and civil society groups, complained that Parliament and state authorities unlawfully limited public access to parliamentary proceedings in two ways. First, the State Security Agency used a device that jammed cellular phone signals in Parliament without parliamentary authorisation, preventing MPs and journalists from communicating with the public. Second, during a disruption involving Economic Freedom Fighters (EFF) MPs being forcibly removed from the Chamber, the official parliamentary television feed was restricted to showing only the Speaker, in accordance with Parliament’s broadcasting policy and rules, thereby preventing the public from seeing the disorder and security intervention. The appellants challenged the constitutionality and lawfulness of the signal jamming and of the broadcasting policy and rules governing the coverage of disorder in Parliament.

The appeal was upheld. The order of the High Court was set aside and replaced with declarations that: (a) clause 8.3.3.2 of Parliament’s Broadcasting Policy and Rule 2 of the Television Broadcasting Rules are unconstitutional and unlawful; (b) the manner in which the February 2015 SONA proceedings were broadcast was unconstitutional and unlawful; (c) the use of a telecommunication signal-jamming device in Parliament without the permission of the Speaker and Chairperson was unlawful and contrary to section 4(1) of the Powers Act. The respondents were ordered to pay the appellants’ costs, including the costs of two counsel.

The case is a leading authority on the constitutional requirement of openness and transparency in parliamentary proceedings. It affirms the public and media’s right to see and hear what happens in Parliament and limits Parliament’s power to regulate broadcasting in ways that undermine democratic accountability. It also clarifies that security measures such as signal jamming in Parliament require lawful authorisation and must comply with statutory and constitutional standards.