LCR4803
ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 3 APRIL 2026
, Media Law - LCR4803
Question 1: Journalist’s Obligations under s 205 of the Criminal Procedure Act 51
of 1977
Introduction
The compulsory disclosure of journalistic sources raises a constitutional tension
between freedom of expression and media freedom under section 16 of the
Constitution and the state’s duty to investigate and prosecute crime. Section 205 of
the Criminal Procedure Act 51 of 1977 (CPA) empowers courts to compel persons to
provide information relevant to criminal investigations. When applied to journalists, this
provision tests the limits of confidentiality, ethical obligations, and judicial discretion.
Legal Framework of Section 205 CPA
Section 205(1) of the CPA authorises a magistrate or judge to subpoena any person
believed to possess information that may assist in the investigation of an alleged
offence. The provision is broadly framed and does not create an exemption for
journalists. South African courts have consistently held that s 205 is a legitimate
investigative mechanism, provided it is not abused and serves a lawful purpose
(Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors
(Pty) Ltd, 2001).
Journalist’s Legal Obligations
Once a s 205 subpoena is lawfully issued, a journalist is under a legal duty to comply,
including answering questions that may reveal the identity of confidential sources. South
African law does not recognise a general journalist-source privilege. In S v Cornelissen
ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 3 APRIL 2026
, Media Law - LCR4803
Question 1: Journalist’s Obligations under s 205 of the Criminal Procedure Act 51
of 1977
Introduction
The compulsory disclosure of journalistic sources raises a constitutional tension
between freedom of expression and media freedom under section 16 of the
Constitution and the state’s duty to investigate and prosecute crime. Section 205 of
the Criminal Procedure Act 51 of 1977 (CPA) empowers courts to compel persons to
provide information relevant to criminal investigations. When applied to journalists, this
provision tests the limits of confidentiality, ethical obligations, and judicial discretion.
Legal Framework of Section 205 CPA
Section 205(1) of the CPA authorises a magistrate or judge to subpoena any person
believed to possess information that may assist in the investigation of an alleged
offence. The provision is broadly framed and does not create an exemption for
journalists. South African courts have consistently held that s 205 is a legitimate
investigative mechanism, provided it is not abused and serves a lawful purpose
(Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors
(Pty) Ltd, 2001).
Journalist’s Legal Obligations
Once a s 205 subpoena is lawfully issued, a journalist is under a legal duty to comply,
including answering questions that may reveal the identity of confidential sources. South
African law does not recognise a general journalist-source privilege. In S v Cornelissen
