Question 1

Samantha Mpangedza has been charged with the murder of her husband Sipho
Mpangedza. Sipho was a well-known businessman in Johannesburg and his murder
has attracted substantial media interest. At the start of the trial A,B,C News Services
(Pty) Ltd. applied for permission to broadcast the trial proceedings on one of its news
channels. The court granted its request and allowed the broadcasting of the trial in
full.
Hailey Mpangedza, Samantha’s 9-year-old daughter, is expected to testify for the
state. Counsel for the State approaches you for advice on the extent to which A,B,C
News would be permitted to broadcast the testimony of Hailey. The State Advocate
also seeks your advice on whether the court can vary its previous order granting
A,B,C News permission to broadcast the trial. Advise the State Advocate fully with
reference to applicable legal authorities and the balance between prohibiting the
broadcasting and the publics right to know what is happening in the courtroom.
(10)

Question 2
Zurisana Mazibuko is a well-known YouTuber and has several thousand subscribers
to her YouTube channel. Zurisana is interested in livestreaming a court case to her
YouTube Channel. The case involves a dispute between a wedding venue
(Marvelous Vistas), Ms Mavis Mashaba and Ms Juliette Orvindari. Mavis and Juliette
are engaged and were looking for a wedding venue when Marvelous Vistas refused
to allow a homosexual wedding on its premises noting that “we don’t allow such
ungodly unions here". Mavis subsequently instituted an unfair discrimination claim
against Marvelous Vistas.
The case has attracted substantial interest from the LGBTQ+ community and
Zurisana hopes to make it easier for these followers to know what is happening in
the case. Advise Zurisana fully on whether the court is likely to grant her permission
to broadcast the proceedings and possible limits on the extent to which broadcasting
is likely to be permitted.
(10)