About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1979 Ann. Surv. S. African L. 511 (1979)
Administration of Justice, The

handle is hein.journals/assafl1979 and id is 559 raw text is: THE ADMINISTRATION OF JUSTICE, LAW REFORM AND JURISPRUDENCE EDWIN CAMERON* DIRK VAN ZYL SMITt A THE ADMINISTRATION OF JUSTICE GENERALLY Protecting the Administration of Justice It has often been noted that the due and proper administration of justice is protected by the law relating to contempt of court as well as by the law prohibiting defeating the ends of justice and criminal defamation of those involved in the administration ofjustice (see, for example, 1977 Annual Survey 579-80 and 1978 Annual Survey 695-6 and authorities cited there). In S v Gibson NO 1979 (4) SA 115 (D), however, Milne J stressed that the criminal offences relating to the administration of justice-in this instance contempt of court and criminal defamation-should not be defined too widely lest the freedom to criticize the administration of justice be restricted unduly. Thus, for example, MilneJ held (at 122C) that 'criticism of the police, however vigorous or even unfair, cannot constitute contempt of court, even if it is suggested, in making such criticism, that the consequence of police action has been a failure ofjustice'. Nor could criticism of pro deo counsel be regarded as contempt of court. Since the press was involved in Gibson's case-the charge arose out of an article published in a Johannesburg Sunday newspaper, the Sunday Express-particular attention was paid to the relationship between the freedom of the press and the administration ofjustice. Milne J stressed that 'there are two principles involved here, one the administration of justice and the other the right of free speech. Both require protection in the public interest, and it is what is best in the public interest, overall and in the long term, that should prevail. Attorneys-General should be wary of instituting prosecutions for contempt of court lest they have the effect of stifling healthy and legitimate criticism' (at 140D). MilneJ also felt that it would be in the public interest if the press were to devote more serious attention to matters relating to the * BA (Hons) (Stell) BA (Oxon), Lecturer in Law, University of the Witwaters- rand, Johannesburg. t BA LLB (Stell), Advocate of the Supreme Court of South Africa, Senior Lecturer in Law, University of the Witwatersrand, Johannesburg.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most