Kim Hawkey
This week the Sunday Times will ask the Constitutional Court to strike out a section of the Divorce Act that bars the media from publishing details of divorce cases.
In January the Johannesburg High Court found that section 12 of the Act âoffends the right to freedom of expressionâ and was unconstitutional. The order must be confirmed by the Constitutional Court.
The Sunday Times had gone to court challenging this part of the law because it infringes the medias right to publish and the publics to receive information.
This followed a late-night urgent interdict obtained by former estate agency boss Claire Difford that had prevented the newspaper from publishing an article about a case between her and her ex- husband Ian.
Acting Judge Bruce Burman granted the interdict.
This meant readers were denied details of the countrys first paternity fraud case, in which Ian had asked the court to rescind parts of their divorce order that referred to the son he had later realised was fathered by another man.
In January, acting Judge Nazeer Cassim found that acting Judge Burman was wrong in granting the interdict against the newspaper.
On Thursday the court will confirm the high courts findings or make another order, which could include giving the department of justice time to amend the act.
But the Sunday Times is calling for invalidity to apply immediately, denying that it will cause prejudice.
Source : http://www.thetimes.co.za/News/Article.aspx?id=760210
Photo : http://image.guim.co.uk/sys-images/Media/Pix/pictures/2007/10/26/SundayTimes460.jpg