South African Broadcasting Corporation Limited v National Director of Public Prosecutions and Others

The South African Broadcasting Corporation (SABC) sought permission to broadcast live, and alternatively in edited form, the appeal proceedings before the Supreme Court of Appeal (SCA) arising from the corruption conviction of Mr Schabir Shaik and related companies. The SCA refused permission for radio and television broadcasting, holding that such broadcasting could infringe fair trial rights and that courts have discretion under section 173 of the Constitution to regulate their own proceedings. The SABC urgently applied to the Constitutional Court for leave to appeal against the SCA’s refusal, arguing that the decision unjustifiably limited freedom of expression and the principle of open justice.

Leave to appeal was granted, but the appeal was dismissed. The Supreme Court of Appeal’s refusal to permit radio and television broadcasting of the appeal proceedings was upheld.

The case is a leading authority on the relationship between freedom of expression, open justice, and fair trial rights in South Africa. It confirms that there is no automatic constitutional right to broadcast court proceedings and affirms the discretionary power of courts under section 173 of the Constitution to regulate their own processes. The judgment provides important guidance on balancing media freedom with the integrity and fairness of criminal proceedings.