MONDAY, 2.15PM:
FOR the first time in South African legal history, court papers on a pending matter have been posted on the Internet before they’ve reached the court room.
The telecomms giant Telkom’s notice of motion and founding affidavit against the SA Telecommunications Regulatory Authority (Satra) have been posted on the Internet by the Rhodes University based Uninet, which maintains an archive of Internet-related documents.
In the case, Telkom calls for a Satra decision against it to be declared null and void, and argues that it stands to lose R1 billion annually if the local Internet is opened up to private service providers.
But attorney Lance Michalson, editor of SA Law Online, suggests in an article on the Woza site today that posting court papers that have not been dealt with in open court could amount to interference with the administration of justice.