JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

FORUM CONTRIBUTION: Fair trial rights, freedom of the press, the principle of open justice and the power of the Supreme Court of Appeal to regulate its own process

Volume: Volume 11(1) - 2007

Article type: Forum contribution

Author/s: De Villiers, Wium

In this case study Wium de Villiers discusses the Constitutional Court's endorsement of the SCA decision in SABC Ltd v National DPP and Others, to the effect that it would only allow Shabir Shaik's application for leave to appeal to be broadcast if it was satisfied that it would not inhibit justice.

Professor de Villiers argues that section 12 of the Constitution should be recognised as a generic residual due process right, analogous to that of section 7 of the Canadian Charter of Rights and Freedoms, which would lead to a substantial reduction in the inconsistencies in the Constitutional Court's jurisprudence revealed by that decision.

About the author/s

Wium De Villiers

Associate Professor of Law, University of Pretoria

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