The Supreme Court of Appeal (SCA) in Bloemfontein on Thursday dismissed the South African Broadcasting Corporation’s (SABC) application for an order granting it leave to broadcast live the hearings of Durban businessman Schabir Shaik.
To permit live television coverage could inhibit participants in Shaik’s case, SCA President Judge CT Howie said in his judgment.
”[It will], whether by way of being the last straw or in combination with all the other circumstances, create the material risk that justice will be impaired and the respondents’ section 34 and 35[3] rights to fair hearings infringed,” the judgment read.
Howie said he had not lost sight of the public broadcaster’s contention that live coverage could serve to educate the public on how appeals are conducted.
”I happen to believe that public education in the workings of the court is long overdue and that television is the most effective means of instruction. What I am clear about, however, is that this is not the instance by means of which to reach that goal,” the judge said.
Howie said the educational enhancement was, however, not the motive for the application, but ”the perfectly understandable” one of increasing viewer and listener numbers.
The judgment also referred to witnesses in the Shaik case that would be potential witnesses in the pending trial against former deputy president Jacob Zuma.
The SCA found these witnesses should not be deterred by television exposure from testifying again, as argument in the Shaik appeals would make full and repeated reference to Zuma.
The judgment found that Zuma’s alleged guilt was not at all involved in the Shaik case. The risk of the public thinking, based on argument presented in Shaik’s case, that Zuma’s alleged guilt had already been decided, however, had to be minimised.
”Obviously it will not be anyone’s intention in the pending criminal appeal to consider or pronounce upon Zuma’s alleged guilt, but again, it is in the interests of justice … to minimise, if not eradicate, the risk that popular perception will regard the crucial question in the Zuma case as having already been made,” Howie said.
”In regard to this second reason, live or delayed coverage by radio would serve to create that risk, just as much as live or delayed television coverage.”
The judgment was a unanimous decision by five appeal court judges.
The public broadcaster was also ordered to pay the costs of the state represented by advocate Billy Downer and Schabir Shaik. — Sapa