LCR4803
Assignment 1 Semester 2 2026
Unique number:
Due date: August 2026
QUESTION 1.1
(a) Access to Children’s Court Case Records under PAIA
The Promotion of Access to Information Act 2 of 2000 gives effect to the
constitutional right of access to information, but it does not create a general right to
obtain judicial court records. Section 12 excludes records relating to the judicial
functions of courts from the operation of PAIA. For this reason, a person cannot rely
on an ordinary PAIA request to compel access to the case record of a children’s
court where the record forms part of the court’s judicial function. 1 Access must
instead be determined by the legislation and rules governing children’s courts. The
LCR4803 study guide explains that parties to a children’s court enquiry were entitled
to inspect the record for up to one year after completion of the enquiry, while
outsiders were not expressly prohibited from access but were also not given an
, QUESTION 1.1
(a) Access to Children’s Court Case Records under PAIA
The Promotion of Access to Information Act 2 of 2000 gives effect to the
constitutional right of access to information, but it does not create a general right to
obtain judicial court records. Section 12 excludes records relating to the judicial
functions of courts from the operation of PAIA. For this reason, a person cannot rely
on an ordinary PAIA request to compel access to the case record of a children’s
court where the record forms part of the court’s judicial function. 1 Access must
instead be determined by the legislation and rules governing children’s courts. The
LCR4803 study guide explains that parties to a children’s court enquiry were entitled
to inspect the record for up to one year after completion of the enquiry, while
outsiders were not expressly prohibited from access but were also not given an
express right of access.2 The important distinction is therefore that PAIA does not
itself open children’s court judicial records to the public, and any access must comply
with the special rules protecting children and court proceedings.
(b) Definition of a Newspaper as Defined by the Courts
South African courts have treated the regular publication of general news as the
central feature of a newspaper. In R v Daya Morar, the court adopted a definition
describing a newspaper as a publication appearing at regular or almost regular short
intervals, commonly daily or weekly, usually in sheet form, and containing reports of
recent events of a varied nature intended for the general reader.3 The publication
should contain news concerning matters such as political, social, moral, religious,
local or foreign affairs, and the news element must give it sufficient general interest
to reach people from different classes and occupations. In R v Lewin, the Appellate
Division approved this approach and stressed that a publication cannot qualify
merely because it contains specialised information. It must appear at sufficiently
1
Promotion of Access to Information Act 2 of 2000 s 12(b); SS Nel, M Jansen and T Deane, Media
Law: Only Study Guide for LCR4803 (University of South Africa, revised edn 2014) 213.
2
Nel, Jansen and Deane (n 1) 117.
3
R v Daya Morar 1929 TPD 696; Nel, Jansen and Deane (n 1) 43.
Assignment 1 Semester 2 2026
Unique number:
Due date: August 2026
QUESTION 1.1
(a) Access to Children’s Court Case Records under PAIA
The Promotion of Access to Information Act 2 of 2000 gives effect to the
constitutional right of access to information, but it does not create a general right to
obtain judicial court records. Section 12 excludes records relating to the judicial
functions of courts from the operation of PAIA. For this reason, a person cannot rely
on an ordinary PAIA request to compel access to the case record of a children’s
court where the record forms part of the court’s judicial function. 1 Access must
instead be determined by the legislation and rules governing children’s courts. The
LCR4803 study guide explains that parties to a children’s court enquiry were entitled
to inspect the record for up to one year after completion of the enquiry, while
outsiders were not expressly prohibited from access but were also not given an
, QUESTION 1.1
(a) Access to Children’s Court Case Records under PAIA
The Promotion of Access to Information Act 2 of 2000 gives effect to the
constitutional right of access to information, but it does not create a general right to
obtain judicial court records. Section 12 excludes records relating to the judicial
functions of courts from the operation of PAIA. For this reason, a person cannot rely
on an ordinary PAIA request to compel access to the case record of a children’s
court where the record forms part of the court’s judicial function. 1 Access must
instead be determined by the legislation and rules governing children’s courts. The
LCR4803 study guide explains that parties to a children’s court enquiry were entitled
to inspect the record for up to one year after completion of the enquiry, while
outsiders were not expressly prohibited from access but were also not given an
express right of access.2 The important distinction is therefore that PAIA does not
itself open children’s court judicial records to the public, and any access must comply
with the special rules protecting children and court proceedings.
(b) Definition of a Newspaper as Defined by the Courts
South African courts have treated the regular publication of general news as the
central feature of a newspaper. In R v Daya Morar, the court adopted a definition
describing a newspaper as a publication appearing at regular or almost regular short
intervals, commonly daily or weekly, usually in sheet form, and containing reports of
recent events of a varied nature intended for the general reader.3 The publication
should contain news concerning matters such as political, social, moral, religious,
local or foreign affairs, and the news element must give it sufficient general interest
to reach people from different classes and occupations. In R v Lewin, the Appellate
Division approved this approach and stressed that a publication cannot qualify
merely because it contains specialised information. It must appear at sufficiently
1
Promotion of Access to Information Act 2 of 2000 s 12(b); SS Nel, M Jansen and T Deane, Media
Law: Only Study Guide for LCR4803 (University of South Africa, revised edn 2014) 213.
2
Nel, Jansen and Deane (n 1) 117.
3
R v Daya Morar 1929 TPD 696; Nel, Jansen and Deane (n 1) 43.
