The Cape High Court has ordered e.tv to show prosecutors a programme on the murder of baby Jordan Norton before it goes on air.
Acting Judge Dumisani Zondi made the ruling on Thursday after an application by the Western Cape directorate of public prosecutions to block the broadcast of the 3rd Degree documentary, which includes interviews with two key witnesses.
Zondi said that in this case, the state’s right to a fair trial outweighs the constitutional right to freedom of expression.
There could be discrepancies between the versions the two witnesses told the trial court, and what they told e.tv, which could unfairly be held against them.
E.tv will return to court on Friday afternoon to seek leave to take the matter to the Supreme Court of Appeal.
Counsel for the directorate Ismail Jamie told Zondi last week, when the application was argued, that it was only about allowing prosecutors to see the programme.
If, having seen it, the directorate wanted to prevent it going on air, it would launch a separate court action.
The documentary was to have been broadcast in the 3rd Degree slot on the evening of August 2.
However, with only hours to go, Cape Judge President John Hlophe granted the directorate’s urgent application to halt it temporarily.
E.tv says the directorate is trying to censor it. — Sapa