Question 1
For example, Former Chief Justice Ngcobo of the South African Constitutional Court
mentions that if citizens are not aware of the rights enshrined in the Constitution then
the latter are of little value. Access to information on a person’s rights is therefore
essential to the legal empowerment of citizens.
Question 3
TRE Shampoo (Pty) Ltd. (hereafter “TRE Shampoo”) has recently been embroiled in
a scandal over an allegedly racist ad in which they had referred to a black lady’s hair
as dry and frizzed in comparison to her white counterparts “soft and normal hair”. In
response to this A, B, C Pharmaceuticals (Pty) Ltd. (hereafter “A, B, C
Pharmaceuticals”) wants to end all of its contractual relations with TRE Shampoo. A,
B, C Pharmaceuticals notes that one of its competitors CLI Pharmacies (Pty) Ltd. has
already been adversely affected by their reposting of the TRE Shampoo ad. A, B, C
pharmaceuticals believes that continued association with TRE Shampoo will have a
negative impact on their business.
TRE Shampoo has issued summons against A, B, C Pharmaceuticals in the High
Court of South Africa and are claiming damages from them for the alleged breach of
contract. This case has attracted broad interest from the public. Mavis Mashaba is a
well-known YouTuber in South Africa and wants to broadcast these court proceedings.
She approaches you to apply to the court for permission on her behalf to stream the
proceedings on her YouTube channel.
Advise Mavis as to her prospects of success in applying for permission with reference
to relevant case law. Your advice must also discuss the general safeguards applicable
to streaming court proceedings.
Answer
In relation to “The Courtroom as TV Studio: The Case of the Oscar Pistorius Trial”
2018, Justice Dikgang Moseneke noted that there has been a significant proliferation
of technology in courtrooms, that could serve to inform the public of the happenings in
courtrooms and the justice system at large.
The question of livestreaming court proceedings should be considered against this
backdrop of increasing use of technology. Justice Moseneke suggests that in line with
the open justice principle there is no reason in principle why as a default, social media
For example, Former Chief Justice Ngcobo of the South African Constitutional Court
mentions that if citizens are not aware of the rights enshrined in the Constitution then
the latter are of little value. Access to information on a person’s rights is therefore
essential to the legal empowerment of citizens.
Question 3
TRE Shampoo (Pty) Ltd. (hereafter “TRE Shampoo”) has recently been embroiled in
a scandal over an allegedly racist ad in which they had referred to a black lady’s hair
as dry and frizzed in comparison to her white counterparts “soft and normal hair”. In
response to this A, B, C Pharmaceuticals (Pty) Ltd. (hereafter “A, B, C
Pharmaceuticals”) wants to end all of its contractual relations with TRE Shampoo. A,
B, C Pharmaceuticals notes that one of its competitors CLI Pharmacies (Pty) Ltd. has
already been adversely affected by their reposting of the TRE Shampoo ad. A, B, C
pharmaceuticals believes that continued association with TRE Shampoo will have a
negative impact on their business.
TRE Shampoo has issued summons against A, B, C Pharmaceuticals in the High
Court of South Africa and are claiming damages from them for the alleged breach of
contract. This case has attracted broad interest from the public. Mavis Mashaba is a
well-known YouTuber in South Africa and wants to broadcast these court proceedings.
She approaches you to apply to the court for permission on her behalf to stream the
proceedings on her YouTube channel.
Advise Mavis as to her prospects of success in applying for permission with reference
to relevant case law. Your advice must also discuss the general safeguards applicable
to streaming court proceedings.
Answer
In relation to “The Courtroom as TV Studio: The Case of the Oscar Pistorius Trial”
2018, Justice Dikgang Moseneke noted that there has been a significant proliferation
of technology in courtrooms, that could serve to inform the public of the happenings in
courtrooms and the justice system at large.
The question of livestreaming court proceedings should be considered against this
backdrop of increasing use of technology. Justice Moseneke suggests that in line with
the open justice principle there is no reason in principle why as a default, social media
