The constitutional rights of the media and the public cannot be over-emphasised, Advocate John Butler SC, for Media24, said yesterday in heads of argument in the SCA case on live streaming the axe killing trial under way in Cape Town. Transparency and accountability are the fundamental values of the Constitution.

In terms of the principle of transparent justice, the public has to be informed as far as possible and made aware of what is transpiring in the courts. Henri van Breda and the NPA are appealing against a ruling by Judge Siraj Desai that allows Media24 to make and broadcast video and sound recordings of Van Breda's murder trial.

Judgment was reserved by a full Bench of appeal judges, Netwerk24 reports. Van Breda (22) is facing charges in the Western Cape High Court of murdering his parents, Martin (54) and Teresa (55), as well as his brother Rudi (22) (See latest trial report in IN COURT section, below).

Desai made it clear that the conditions for his ruling could be adapted and that a witness who had good reason not to have his or her testimony broadcast, would be assisted by the court. He also ruled that footage or photos of Van Breda's sister Marli may not be taken without permission.

Butler said if there was any dispute over broadcasting recordings during the case, it could be solved easily. It wasn't necessary to hear all the arguments again. Van Breda claims the cameras and recorders in the court will intimidate him. The NPA said it would have a similar effect on witnesses, who would be unwilling to testify.

Full Netwerk24 report