LCR4803 Assignment 2 Semester 1 Memo | Due April 2025

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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]