,LCR4803 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE April 2025; 100% correct solutions
and explanations.
(a) Discuss the legal position in terms of section 205 of the
Criminal Procedure Act 51 of 1977 if a journalist who, when
ordered by the court to do so, refuses to disclose the identity of
his informer. Your answer should also discuss the question
whether a journalist may rely on journalistic ethics to justify his
refusal to disclose the identity of an informer. In your answer
refer to applicable court cases where necessary.
(20)
The Legal Position of Journalists Under Section 205 of the
Criminal Procedure Act 51 of 1977
1. Introduction
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA)
grants the courts the power to compel any person, including
journalists, to provide information relevant to a criminal
investigation. This provision is particularly significant in cases
where journalists obtain information from confidential sources
and are subsequently ordered by a court to disclose the identity
of those sources.
The central legal issue is whether journalists can refuse to
comply with such an order on the basis of journalistic ethics,
which prioritize confidentiality between journalists and their
sources.
, 2. Section 205 of the Criminal Procedure Act
Section 205 states that if a judge, regional magistrate, or
magistrate is satisfied that a person is likely to give material or
relevant information regarding a criminal offense, they may
issue a subpoena compelling that person to testify or produce
information. Failure to comply may result in contempt of court,
which could lead to imprisonment or fines.
In the context of journalism, this means that a journalist can be
compelled to reveal their source if the information they possess
is deemed essential for the investigation or prosecution of a
crime.
3. The Conflict Between Section 205 and Journalistic Ethics
Journalistic ethics, particularly the principle of source
protection, play a crucial role in investigative journalism. The
Press Code of Ethics and Conduct for South African Print and
Online Media upholds the right of journalists to protect their
confidential sources, as this ensures that whistleblowers and
informants are willing to expose wrongdoing without fear of
reprisal.
However, South African law does not provide absolute
protection for journalists in this regard. The courts have
historically balanced journalistic privilege against the public
interest in prosecuting crime.
Semester 1 2025 - DUE April 2025; 100% correct solutions
and explanations.
(a) Discuss the legal position in terms of section 205 of the
Criminal Procedure Act 51 of 1977 if a journalist who, when
ordered by the court to do so, refuses to disclose the identity of
his informer. Your answer should also discuss the question
whether a journalist may rely on journalistic ethics to justify his
refusal to disclose the identity of an informer. In your answer
refer to applicable court cases where necessary.
(20)
The Legal Position of Journalists Under Section 205 of the
Criminal Procedure Act 51 of 1977
1. Introduction
Section 205 of the Criminal Procedure Act 51 of 1977 (CPA)
grants the courts the power to compel any person, including
journalists, to provide information relevant to a criminal
investigation. This provision is particularly significant in cases
where journalists obtain information from confidential sources
and are subsequently ordered by a court to disclose the identity
of those sources.
The central legal issue is whether journalists can refuse to
comply with such an order on the basis of journalistic ethics,
which prioritize confidentiality between journalists and their
sources.
, 2. Section 205 of the Criminal Procedure Act
Section 205 states that if a judge, regional magistrate, or
magistrate is satisfied that a person is likely to give material or
relevant information regarding a criminal offense, they may
issue a subpoena compelling that person to testify or produce
information. Failure to comply may result in contempt of court,
which could lead to imprisonment or fines.
In the context of journalism, this means that a journalist can be
compelled to reveal their source if the information they possess
is deemed essential for the investigation or prosecution of a
crime.
3. The Conflict Between Section 205 and Journalistic Ethics
Journalistic ethics, particularly the principle of source
protection, play a crucial role in investigative journalism. The
Press Code of Ethics and Conduct for South African Print and
Online Media upholds the right of journalists to protect their
confidential sources, as this ensures that whistleblowers and
informants are willing to expose wrongdoing without fear of
reprisal.
However, South African law does not provide absolute
protection for journalists in this regard. The courts have
historically balanced journalistic privilege against the public
interest in prosecuting crime.
