Description
LCR4803 Assignment 2 Semester 1 Memo | Due April 2025. All questions fully answered. (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)
(b) X a prisoner, is serving the last six months of her prison sentence. She was
convicted for keeping a brothel. She knows that she has no financial prospects when
she is released from prison. She contacts a journalist of a tabloid newspaper and offers
to give her account of the circumstances which led to her conviction to the newspaper,
in exchange for a large sum of money. The journalist writes the article and phones the
National Commissioner to confirm certain facts before the article is published.
(i) Which procedure should be followed in terms of section 123 of the Correctional
Services Act 111 of 1998 before the article may be
published? (12)
(ii) What will the position be if the National Commissioner was not consulted
beforehand and only becomes aware of the situation when he reads the article in the
newspaper? (8)
(c) Name the elements which must be present to constitute the crime of false
disparagement of goods and services and give an example from case
law. (20)
(d) Name four (4) grounds upon which the provision of records may be refused in
terms of the Promotion of Access to Information Act 2 of
2000.
(10)
[70]
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