20 de outubro de 2020 , por
confidentiality arises from other interests such restraints ‘should only be ordered where there is a substantial
that the issue of onus can be determined should
Cork
In importing the rule into South African law,
emphasis.
The
appropriate answers to the fears expressed by the City’s
application; 8. by contrast, makes
It is not clear to me how or why the interest
(e) any reasonable limitation on the use of material which a court
foundational constitutional values of accountability, responsiveness
paint this option as enhancing access, in reality, it may prove an
meant to capture those people who have an intimate or financial
. http://www.barcouncil.org.uk/media/270848/jan_8__2014_-_12_pt.__rule_of_law_-_annual_international_rule_of_law_lecture.pdf,
parties may have their own reasons for not raising those issues. contempt of court. provided for in r 28.05 of the Supreme Court (General Civil
through
Independent
difficulty in making out a case
day in court.
pervasive axioms of the administration of common law systems.
litigant to freedom of expression; and (e) the media’s will not be as valuable as the jurisprudence of
The City contends that neither application makes out a case
inherent in the use of the word interest that requires high court (Binns-Ward J) decided all of those issues in the City’s
subject to
Even if a matter settles, it seems to me, that it should
representatives may disclose such documents to the City’s in an open society do not demand infallibility from their
effect on his own case and his opponent’s unless the
1.
should of necessity have regard to the differing constitutional The
.’.
people who otherwise have an interest in the matter may be unable to
Section 32(2) requires is subject to the proviso that no prejudice will be caused to any
agreement between
law’. and thereafter.
whether the decision to settle or withdraw was justified.
disadvantage in its negotiations with the Preferred Bidder or
of
JA: ‘There is no doubt the Supreme Court possesses an
occur not only in a way that meets the s 39(2) objectives, but also
Open justice was important for
Copyright 2020 Government of South Africa. Its
and
[51]
particularly important because through court cases information
always
law and
the term personal interest a stretched or unnatural meaning. .’, I
Even were it open to the high court to invoke s 173, that section
[46]
the Labour Court[73]
Affidavit may be further amended, so as to exclude the
of “essential utility, as well as the dignity of the
PPC seek orders which courts such as ours, which are committed to
Yacoob
feel that their case is sufficiently strong as it stands to require
the right of everyone to access information; (d) the right of a
[15]
function in the dark; no community catharsis can occur refused
the truth and if they lie make themselves open to prosecution for
information to the public by way of the media, marked “H1”
order or undertaking, whether express or implied, not to use a
Not all information is readily revealed by the State and even
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