The SCA has found that the Parliament’s policy on broadcasting were unconstitutional and unlawful in that they violate the right to an open Parliament.

The court also declared that the signal jamming device in Parliament on the day in question, without the permission of the Speaker of the House of Assembly and the Chairperson of the National Council of Provinces, was unlawful. 

The court also held that although the appellants, Primedia Broadcasting, Sanef, the Right2Know campaign and the Open Democracy Advice Centre, asked it to craft broadcasting provisions for Parliament it would be lawful. 

A full bench of the court held in a unanimous judgement that this would be to intrude on the Legislature’s domain.

The judge’s said it was Parliament’s prerogative and right to determine its own rules and policy, provided that the measures it adopts are reasonable limitations of the right to an open Parliament. 

The court found it was sufficient that the disruption provisions that were in place in February 2015 be declared unconstitutional and unlawful.

Parliament said in a statement officials are studying the judgement.

OFM News