Tamlyn Stewart
Sunday Times argues that what happens in open court is reportable
The contentious issue of media coverage of divorce cases took centre stage at the Constitutional Court yesterday.
The Times parent company, Avusa, formerly Johncom Media, argued in the court yesterday that a section of the Divorce Act, constraining media coverage of divorce cases, should be declared unconstitutional.
In April last year, an interdict prevented the Sunday Times from reporting on the countrys first paternity fraud case, involving former estate agency boss Claire Difford and her former husband, Ian.
Ian Difford asked the court to rescind parts of the couples divorce settlement regarding a son, whom he had found out was not biologically his.
Claire Difford obtained an urgent interdict to stop the Sunday Times publishing the details of the case, on the grounds that Section 12 of the Divorce Act prohibits such publication.
In January, the Sunday Times succeeded in its application to the Johannesburg High Court to have Section 12 declared unconstitutional because it contravened the right to freedom of expression.
The courts ruling has to be confirmed by the Constitutional Court.
Yesterday, Alec Freund, acting for Johncom, argued that âwhere the court does not hold or order the [divorce] proceedings to be held in camera it is indicative of the right to report.
âThe default position should be that what happens in open court is reportable,â he said.
But Ann Skelton, counsel for the Centre for Child Law, appearing as a friend of the court, said such an approach would prejudice the rights of children caught in the middle of a divorce.
She said international precedent was that information that would identify the child was not allowed to be published.
Ismail Hussain, for the minister of justice and constitutional development, said the minister wanted the section declared invalid immediately. But it would take the department a while before it could finalise appropriate legislation amending the section. The court reserved judgment.
Source : http://www.thetimes.co.za/News/Article.aspx?id=763243
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