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LCR4803 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 3 April 2026

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LCR4803 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 3 April 2026

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LCR4803 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 3 April
2026
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, Exam (elaborations)

LCR4803 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 3 April
2026
LCR4803 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 3
April 2026; 100% TRUSTED Complete, trusted solutions and explanations.

A reporter obtains leaked documents from an anonymous whistleblower
detailing alleged police corruption in a high-profile fraud investigation.
During criminal proceedings, the court issues a s 205 Criminal Procedure Act
(CPA) 51 of 1977 subpoena compelling the journalist to testify and reveal the
source's identity, which they resist citing confidentiality. Critically assess the
journalist's legal obligations under s 205 CPA, including consequences of
non-compliance and judicial discretion to enforce disclosure. Evaluate
whether professional ethical codes constitute a valid defence, integrating
relevant precedents.

1. Legal Framework: s 205 CPA and Journalistic
Obligations
a. What s 205 CPA Permits

• s 205 CPA gives prosecutors and courts broad powers to subpoena any person (including
journalists) who “is likely to give material or relevant information as to any alleged offence” to
be examined before a magistrate or judge. It can therefore be used to compel appearance and
testimony concerning knowledge of alleged criminality — including, potentially, the identity of
confidential sources.

• Once subpoenaed, the journalist must attend and answer questions, or offer a legally recognised
justification (“just excuse”) for refusing.

b. No Automatic Journalistic Privilege

• Under South African law there is no absolute “journalist’s privilege” akin to lawyer–client
privilege—journalists are generally competent and compellable witnesses. A journalist can be
required to answer questions about information obtained professionally, including source
identity.

• As a result, without a valid just excuse, a journalist must comply with a s 205 subpoena even if
it jeopardises confidentiality.

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Publisher: 2011 ISBN: 9789041134431 Edition: Unknown

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