The Mail & Guardian, together with Avusa, Independent Newspapers and e.tv, has won a significant battle for press freedom and the principle of open democracy.
At 4pm on Wednesday Judge Frans Malan ruled in the South Gauteng High Court that a "preliminary investigation" by the Judicial Service Commission (JSC) into a complaint of misconduct against Western Cape Judge President John Hlophe, and his counter-complaint against the judges of the Constitutional Court, must be opened to the public and the media.
"An order is made ... directing the [JSC] to permit representatives from the media to attend the preliminary hearing/investigation," said Malan.
He also said the media houses must be permitted to "set up such equipment as is necessary in order to obtain a sound recording" of the hearing for broadcasting purposes.
The JSC was made responsible for the costs of the case.
The JSC had sought to hold the hearings, which are to be conducted by a three-person subcommittee of the JSC complaints committee, in private, despite the fact that it had already conducted an extensive review of the evidence in public following an earlier court ruling by Judge Nigel Willis.
Advocates Kate Hofmeyer, for the M&G, and Steven Budlender, for e.tv, argued that the decision to exclude the public breached fundamental principles of the Constitution and of administrative justice.
Source: Mail & Guardian
No comments:
Post a Comment