L
, CR4803 A
Question 1 (20 Marks)
1. Introduction
This question concerns the tension between a journalist’s duty to
protect confidential sources and the State’s interest in the
administration of justice. The issue arises where a court issues a
subpoena in terms of section 205 of the Criminal Procedure Act 51 of
1977 (CPA), compelling a journalist to disclose the identity of an
anonymous whistleblower in a criminal investigation involving alleged
police corruption.
The discussion evaluates:
The legal obligations created by s 205 CPA,
The consequences of refusal to comply,
The scope of judicial discretion, and
Whether professional ethical codes can constitute a valid defence.
2. Legal Framework: Section 205 CPA
Section 205 of the CPA empowers a magistrate or judge, upon
application by the Director of Public Prosecutions, to subpoena any
person who is likely to provide information relevant to an alleged
offence.
The purpose of s 205 is investigative: it assists the prosecution in
gathering evidence necessary to secure convictions and uphold the
, CR4803 A
Question 1 (20 Marks)
1. Introduction
This question concerns the tension between a journalist’s duty to
protect confidential sources and the State’s interest in the
administration of justice. The issue arises where a court issues a
subpoena in terms of section 205 of the Criminal Procedure Act 51 of
1977 (CPA), compelling a journalist to disclose the identity of an
anonymous whistleblower in a criminal investigation involving alleged
police corruption.
The discussion evaluates:
The legal obligations created by s 205 CPA,
The consequences of refusal to comply,
The scope of judicial discretion, and
Whether professional ethical codes can constitute a valid defence.
2. Legal Framework: Section 205 CPA
Section 205 of the CPA empowers a magistrate or judge, upon
application by the Director of Public Prosecutions, to subpoena any
person who is likely to provide information relevant to an alleged
offence.
The purpose of s 205 is investigative: it assists the prosecution in
gathering evidence necessary to secure convictions and uphold the
