L
, CR4803 A
LCR4803 – Assignment 2 (Semester 1)
Question 1 (20 marks)
Journalist’s obligation to disclose a confidential source under section
205 of the Criminal Procedure Act 51 of 1977
1. Introduction
This question concerns the tension between freedom of the press and
protection of confidential sources on the one hand, and the
administration of justice and compulsory testimony on the other. The
journalist has received leaked documents alleging police corruption and
is subpoenaed under section 205 of the Criminal Procedure Act 51 of
1977 (CPA) to disclose the identity of an anonymous whistleblower.
The issue is whether the journalist is legally obliged to comply, what
consequences follow from refusal, and whether professional ethical
codes can serve as a defence.
2. The Nature and Purpose of Section 205 CPA
Section 205 of the Criminal Procedure Act 51 of 1977 empowers a
judicial officer to subpoena a person who is likely to provide material or
relevant information relating to the commission of an offence. The
provision is investigatory in nature and is often used during pre-trial
stages.
The Constitutional Court in S v Leepile confirmed that section 205 is a
legitimate mechanism to compel information necessary for the
, CR4803 A
LCR4803 – Assignment 2 (Semester 1)
Question 1 (20 marks)
Journalist’s obligation to disclose a confidential source under section
205 of the Criminal Procedure Act 51 of 1977
1. Introduction
This question concerns the tension between freedom of the press and
protection of confidential sources on the one hand, and the
administration of justice and compulsory testimony on the other. The
journalist has received leaked documents alleging police corruption and
is subpoenaed under section 205 of the Criminal Procedure Act 51 of
1977 (CPA) to disclose the identity of an anonymous whistleblower.
The issue is whether the journalist is legally obliged to comply, what
consequences follow from refusal, and whether professional ethical
codes can serve as a defence.
2. The Nature and Purpose of Section 205 CPA
Section 205 of the Criminal Procedure Act 51 of 1977 empowers a
judicial officer to subpoena a person who is likely to provide material or
relevant information relating to the commission of an offence. The
provision is investigatory in nature and is often used during pre-trial
stages.
The Constitutional Court in S v Leepile confirmed that section 205 is a
legitimate mechanism to compel information necessary for the
