Media law developments in the third quarter of 2021

I haven’t posted anything for a while and this is an update post to share some of my recent pieces in the media, and other developments

At the beginning of July this year, the Constitutional Court handed down its decision in the CR17 case – where President Ramaphosa  successfully challenged the Public Protector’s report where she found he had acted unlawfully in relation to donations made to his CR17 election campaign. We acted for amaBhungane, who was interested in the case not because it thought the Public Protector’s report was correct but because it argued that if the Executive Ethics Code did not require disclosure of donations made to internal political campaigns, it was unconstitutional.  In the piece I authored with Lavanya Pillay, we analyse the Con Court’s decision – available here  – which held that the Full Bench of the High Court ought to have considered amaBhungane’s constitutional challenge, having found that the Code did not require disclosure by Mr Ramaphosa.  You can read our Daily Maverick analysis, ‘To disclose or not to disclose”, here.  The Full Bench of the High Court acted swiftly in re-enrolling amaBhungane’s application for hearing: the application was heard on 7 September 2021. Judgement awaited.

Continue reading