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LCR4803 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured LCR4803 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)...published? (12) (ii) What will the position be if the National Commissioner was not consulted beforehand and only becomes aware of the situation when he reads the article in the newspaper? (8) (c) Name the elements which must be present to constitute the crime of false disparagement of goods and services and give an example from case law. (20) (d) Name four (4) grounds upon which the provision of records may be refused in terms of the Promotion of Access to Information Act 2 of 2000.

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Uploaded on
March 17, 2025
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Written in
2024/2025
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LCR4803
Assignment 2 Semester 1 2025
Unique Number:
Due Date: April 2025
QUESTION 1

a.
Section 205 of the Criminal Procedure Act provides a statutory mechanism by which the
State can compel individuals with knowledge of an offence or a suspected offence to
provide information in criminal proceedings. The process involves the Director of Public
Prosecutions (DPP) or the State Prosecutor requesting a judicial officer to issue a
subpoena compelling the witness to testify or disclose information. If the subpoenaed
individual fails to comply without a “just excuse,” they may be held in contempt of court and
sentenced to imprisonment.

For journalists, this provision creates a tension between legal obligations and ethical duties
to protect their sources. While journalists argue that confidentiality is fundamental to press
freedom, courts have generally ruled that journalistic ethics do not constitute a just excuse
under Section 205 unless protected by law.




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