In a precedent-setting judgement, a full bench of the Cape High Court ruled on Monday in favour of the South African Broadcasting Corporation’s (SABC) request to televise Mark Thatcher’s civil case on Tuesday.
Thatcher, who has been implicated in a botched coup in Equatorial Guinea, is scheduled to appear in court on Tuesday to contest the validity of a subpoena compelling him to answer questions from prosecutors from that country.
Brian Pinkus, SC, for the SABC, said Thatcher will not be prejudiced by the proposed delayed broadcasting.
”He will get a fair hearing,” said Pinkus, adding that Thatcher’s right to privacy will not be infringed.
”This is an unprecedented decision in the legal history of this country that television cameras are allowed in a criminal case of this nature,” SABC spokesperson Paul Setsetse said.
”As the SABC, we welcome the decision by the court as we believe that the court has taken into account the Bill of Rights in the Constitution that provides for access to information as well as freedom of expression.
”This is a decision which we welcome as the SABC, and it will go a long way in the broadcasting history if this country,” Setsetse added.
In its heads of argument, the SABC had said the proceedings are the subject of intense public scrutiny.
A member of Thatcher’s legal team, advocate Anton Katz, said his client will abide by the court’s decision.
Katz emphasised that ”with or without cameras” his client wants Tuesday’s matter to proceed on time.
Pinkus said the SABC proposed to delay the coverage and to have it checked by SABC lawyers. The SABC will have three tripod-mounted cameras inside the court and two operators, with no lighting or sound.
Pinkus said that the cameras will not be obtrusive and will not disparage the judicial process, but will rather enhance it because recordings are more accurate.
”Television has become commonplace. It is time for history to be made,” he said.