LCR4803 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025

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.