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'Loophole' lets in TV cameras
25/10/2004 23:05 - (SA)
Cape Town - In a precedent-setting judgment, a full Bench of the Cape High Court ruled on Monday in favour of the SABC's request to televise Mark Thatcher's case on Tuesday.
Thatcher, who is to be questioned about a failed coup in Equatorial Guinea, is scheduled to appear in court on Tuesday to contest the validity of a subpoena compelling him to answer questions by prosecutors from that country.
Judge Deon van Zyl said on Monday that, because of the urgency of the matter, reasons for the judgment would be given later.
Judge Van Zyl granted the national broadcaster the right to have its cameras in court on Tuesday and Wednesday - the first time proceedings would be captured on camera in a High Court civil matter.
Michael Donen SC, for Justice Minister Brigitte Mabandla, questioned if it were commercial or public interests which motivated the SABC.
SABC is 'not considering foreign relations'
Donen said the broadcaster had seen a "loophole" in the judgement two weeks ago involving e.tv and media coverage of the Schabir Shaik trial.
He said the SABC had taken advantage of that loophole without "consideration" of South Africa's foreign relations and its nationals in foreign countries.
The High Court permission was subject to certain amendments to a draft proposal by the SABC to help safeguard the integrity of the trial.
Among these were that the delayed broadcasting on television by a means of an edited highlights package would provide a "balanced and fair" account of the day's proceedings, and that the court could suspend the broadcast if proceedings were disrupted.
Donen said televised broadcasting could have negative consequences for South African nationals such as alleged mercenary Nick du Toit, who was facing the death penalty in Equatorial Guinea.
He said: "This is not an argument sucked out of my thumb... (I am) taking it from the Chief Justice (Arthur Chaskalson)."
He argued that cutting and pasting of edited soundbites, the screening of possible "showboating" by counsel and the possibility of "denigrating" the justice system of Equatorial Guinea, could not be controlled by local and international media.
"The concern is that it should not affect adversely the trial of Du Toit," said Donen.
Donen also said it was "wholly inappropriate" for the SABC to ask for a precedent-setting judgment on short notice because Dr (Snuki) Zikalala was attending Icasa meetings.
Thatcher 'will get a fair hearing'
The full Bench comprised Judges Van Zyl, Essa Moosa and Dan Dlodlo.
Earlier, Brian Pinkus SC, for the SABC, said Thatcher would not be prejudiced by the proposed delayed broadcasting.
"He will get a fair hearing," said Pinkus, adding that Thatcher's right to privacy would not be infringed.
A member of Thatcher's legal team, advocate Anton Katz, said his client would abide by the court's decision.
- SAPA
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