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lifted his objection to the disclosure of several documents but retained his opposition. 12 The sea-change in philosophy and practice is highlighted in paias Preamble, which recognises: The system of government in South Africa before, amongst others, resulted in a secretive and unresponsive culture in public and private bodies which often led to an abuse of power and. In reality the press performs an important service to our democracy because it ensures that the peoples right to know is satisfied. . Even the most cursory observation of the way our trial courts or courts of first instance operate, will reveal that the contexts within which they are called upon to decide whether to conduct any part of the proceedings to the exclusion of the public, differ. 115 The Minister wants this Court to keep the Njenje report secret because, so he says, the document reveals the name of an operative and, what is more, contains information that might disclose the identity of the operative and place his life in danger. . 116 The only person identified in the Njenje report is the surveillance co-ordinator referred to in the article. . Free movement is limited by the legal regulation of traffic for the sake of safety and the right to property is limited in the interests of the environment or other rights in the Bill of Rights. . Disclosing the identity of a person with access to that information and identifying him or her as someone who on at least one occasion had access to information may place them at risk. .
38 It may be added that the right to an open court hearing and the right to report on it does not essay on save animals from extinction automatically mean that court proceedings must necessarily be open in all circumstances. . It is only after this conclusion that I lastly consider whether the material should have been made available to Independent Newspapers consequent upon their interlocutory application. The degree of public interest is an important factor to be put into the balance and would, in my view, not be of insignificant weight if the interest is one that must be fulfilled. 145 I now provide reasons in respect of the specific material in issue in the interlocutory application. A ready example is the matter of South African Broadcasting Corporation Ltd v National Director of Public Prosecutions and Others ( sabc v ndpp 11 in which the public broadcaster did not seek to intervene in the underlying appeal, but rather applied for permission. They agreed that the material should be made available only to some of their legal representatives as well as to two senior editors. . This is particularly so because a sanitised version of the IGI report is accessible to the public. . Another relevant consideration is that the arguments which were advanced in relation to the interlocutory application were in great part repeated in relation to the main application. . I understood Independent Newspapers to concede that the Ministers claim of non-disclosure in relation to this document is justified. . Heard on : 22 November 2007. It is not uncommon that legislation and the common law in this country, and elsewhere in open and democratic societies, limit open court hearings when fair trial rights or dignity or rights of a child or rights of other vulnerable groups are implicated.
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