In terms of section 26 of the Companies Act a company is required to make its securities register available to all members of the public upon request. A request that is lodged under section 26 must be complied with within 14 days.

After the respondents’ refusal to comply with the requests lodged by amaBhungane, amaBhungane, represented by the Webber Wentzel Media Law Team, approached the North Gauteng High Court for an order that that the records should be delivered because section 26 of the Companies Act provides an absolute right of access to this information to all members of the public.

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I explained why the film and publication ruling is so important for freedom of speech in South Africa.

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I wrote this article with Pamela Stein for the Sunday Independent on the important developments in the media in 2012; from the classification of ‘The Spear’ artwork to the Protection of State Information Bill and its impact on the freedom of expression in South Africa.

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I wrote this article with Pamela Stein for The Sunday Independent in December 2011.

Media freedom suffered some major blows in 2011, not least by the National Assembly’s passing of the Protection of State Information Bill, known in some quarters as the “secrecy bill”. Much has been written about that draft legislation, and it suffices to say that if it is passed in its current form, it will have a chilling effect on media freedom and access to information.

But while the legislature has come under fire, in the area of defamation our courts have in general handed down important rulings in favour of freedom of the media.

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Freedom of expression has suffered two body blows in the Protection of State Information Bill and the Malema Equality Court ruling. I wrote this article with partner, Nozipho Mngomezulu, for the Mail & Guardian on the freedom of expression.

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