Democratic Alliance v African National Congress – The Nkandla SMS case

Ben Winks and I penned an article for the Mail & Guardian last week on the Constitutional Court’s complex and important case involving the DA’s pre-election SMS.  You can read the case here.

Our M & G article, “SMS ruling muddies the waters”, is here.

You’ll see we argue that the minority judgment of Zondo J is right on the facts (so the ANC should have won), and the concurring majority judgment of Van der Westhuizen J is right in principle.  We love the writing and sentiments expressed in the majority judgment of Cameron, Froneman and Khampepe JJ, but we think they got the case wrong on the facts.  However, there are some important and welcome implications of the majority judgment for media law, which I’ll explore in a later blog.

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