Semester 2 2025 - DUE August 2025; 100%
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Section 32 of the Constitution of 1996 makes provision for a
right of access to information. In order to provide for the
practical implementation of this right, the Promotion of Access
to Information Act 2 of 2000 was promulgated. Provide the
following information requested below, with regard to this
piece of legislation: (a) Name the various bodies from whom
information can be requested. (2) (b) State TWO (2) of the
responsibilities that have immediately been placed on these
bodies in terms of the legislation, even before a request for
information has been received. (2) (c) State FIVE (4) grounds on
which access to information may be refused by the various
bodies. (4) The Protection of Personal Information Act 4 of 2013
regulates the processing of personal information of data
subjects (individuals). Name the different categories of
information that are included in the definition of personal
information in the Act and give an example of each category.
Critically discuss the broadcasting of criminal trial proceedings
with reference to the case of Van Breda v Media 24 Limited and
Others; National Director of Public Prosecutions v Media 24
Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA)
(21 June 2017). In your discussion you should refer to the
, following aspects: (a) the facts (very briefly) (b) the conflicting
fundamental rights at issue here (c) whether a witness can
object to his or her testimony being broadcast and what a court
should take into consideration when deciding on such an
application X, who works at The Evening Post Newspaper, is
given an assignment to write an article on a pending high
profile criminal case. X consults you as her legal advisor for
advice on the concept of contempt of court which takes the
form of prejudging a case which is pending (sub iudice). Advise
her in detail on this form of contempt of court as it applies to
criminal cases by referring to (a) the definition of contempt of
court; and (5) (b) contempt ex facie curiae (outside court) with
reference to pending judicial proceedings. (10) Discuss the
content and ambit of the right to freedom of speech as
guaranteed in section 16 of the Constitution of the Republic of
South Africa. Indicate what is included in the right and what is
excluded. Do not merely quote section 16 verbatim, but explain
in detail the meaning of the various terms used in the provision.
ABC, a manufacturer of washing powder, publishes false
information relating to the washing powder of his competitor,
XYZ. Due to these false allegations, XYZ suffers a loss of R100
000. XYZ approaches you as his legal advisor. Name the
elements which must be present to constitute the delict of false
disparagement of goods and services, and give an example from
case law.