An urgent bid by the SABC for access to the King inquiry into rugby’s race row was rejected in the Cape High Court on Monday.
The SABC had asked the court to order the South African Rugby Football Union (Sarfu) to instruct former judge Edwin King to allow it to broadcast the hearings, which started in Cape Town on Monday.
It had cited Sarfu, along with King and his co-panelists on the inquiry, as respondents.
However the SABC did not seek the permission of Cape Judge President John Hlophe to bring the action against King — a requirement under the Supreme Court Act, which protects former judges.
Though the SABC had dropped King as a respondent when the matter came to court on Monday night, Judge Roger Cleaver said King was a ”necessary part” of the proceedings, and should be given an opportunity to deal with the issue in court.
He also said there was no evidence that the SABC had formally approached King to be allowed access.
He had been asked to take judicial notice of a statement King was alleged to have made on radio that the proceedings were closed ”but that is not the way in which court proceedings are dealt with”.
Emphasising that he was not pronouncing on the merits of the SABC’s application, he said if the corporation brought its application ”in the proper manner”, it was likely the bench would deal with it on an urgent basis.
In an affidavit forming the basis of the application, SABC Western Cape editor Jeffrey Twala said public interest and concern over the alleged racism in South African rugby had ”fixated the South African public across race and colour lines”.
”Issues of alleged racism within the Springbok rugby camp are clearly matters of public interest and public concern, and fall within the public domain.
”The Constitution of the Republic of South Africa demands that such matters be reported as fully as possible.”
He said a blanket ban on the media, as done in this case, was ”contrary to the Constitution”.
The inquiry was set up by Sarfu to probe claims of racism in the Springbok rugby team — claims sparked by reports that white lock Geo Cronje would not share a room with Quinton Davids, a coloured teammate.
The inquiry, which reportedly dealt only with administrative and technical issues in a brief sitting on Monday, is expected to continue on Tuesday.
It is being held in Sarfu’s Newlands offices. — Sapa