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ARTICLE · 11 JULY 2017

SCA Issues Important Judgment On Video Recordings During Van Breda Trial

ENS
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The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months.

South AfricaLitigation, Mediation & Arbitration
Willem Van Der Colff
Willem Van Der Colff
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The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months. Now, the Supreme Court of Appeal ("SCA") has delivered an important judgment linked to the case regarding the media's right to broadcast aspects of court proceedings – not only in the Van Breda case, but in other cases too.

The SCA's judgment, delivered on 21 June 2017, highlights the tension between the constitutional rights to freedom of expression and to a fair trial, and the need to harmonise these as far as possible. The judgment should be of interest not only to those accused of crimes, but also to those who may be called to provide witness testimony in criminal cases and, potentially, civil trials.

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