A full bench of the Western Cape High Court reserved judgment this morning on the urgent interim order sought to force Parliament not to interrupt feeds for the broadcast of its sittings.
Parliament argued that the matter was not urgent, that such an order would infringe on the principle of separation of powers and that “anticipatory control” is necessary in the case of grave disorder.
The applicants want the court to order that Parliament ensures the audiovisual broadcast feed is not interrupted and that even during the gravest disorder Parliament provides a feed of wide-angle shots and audio broadcast.
There was no distinction, in the interim order sought, between disruption in public galleries of the Houses and on the floor, where Members sit. However, Parliament’s Policy on Filming and Broadcasting, that came into effect in August 2009, does make this distinction and has separate rules for filming and broadcasting such incidents in the public galleries and on the floor of the Houses. The policy also distinguishes between grave disorder and unparliamentary behaviour.
It regulates recordings of Parliamentary proceedings for public broadcasting that is in the public interest and related to the main business of Parliament, in conformity with acceptable standards of dignity, appropriate behaviour and conduct.
The Constitution obliges Parliament to facilitate public access to and involvement in the work of the National Assembly, National Council of Provinces and their committees. However, it enables Parliament to take reasonable measures to regulate public access. It also obliges Parliament to conduct its business in an open manner and to hold its sittings in public. The public, including the media, may not be excluded from sittings of committees unless it is reasonable and justifiable to do so in an open and democratic society.
Besides Parliament providing audiovisual broadcast feeds of House sittings, the media have access to House and committee sittings to cover proceedings. Members of the public may also attend these sittings.
In addition to the urgent interim order which Primedia Broadcasting, the South African National Editors’ Forum. Media 24 Ltd, the Open Democracy Advice Centre and the Right2Know Campaign sought, the applicants are also seeking final relief on the constitutionality of Parliament’s Policy on Filming and Broadcasting. This matter will be heard on a date to be determined by the court.
