Third parties make submissions in a high-stakes Criminal Procedure Act case

Third parties in a legal challenge to parts of the Criminal Procedure Act are being heard in the Western Cape High Court on Wednesday.

Lawyers representing Media Monitoring Africa Benefit Trust and the Campaign for Freedom of Expression argued that the Act places a blanket ban on publishing the identity of an accused person before they enter a plea. 

They said the absence of judicial discretion makes this provision unconstitutional. 

Advocate Nasreen Rajabundler told the court that while certain sections of the law allow judges to protect sensitive information such as the identities of minors or witnesses when it serves the public interest, the rules for alleged sexual offenders are far stricter. 

She said the law gives automatic protection without allowing courts to weigh competing rights.

Rajabundler added that the Constitutional Court has repeatedly ruled against legislative measures that bypass the judiciary's role in balancing those rights. 

Submissions are set to continue on Wednesday.