South Africa's High Court has ruled that a challenge to the Legal Sector Code must be heard in open court, citing 'grave public interest' as the primary justification, emphasizing that matters of significant public importance should be transparent and accessible to the general population rather than limited to online-only access.
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COURT BOMBSHELL B-BBEE Case FORCED Into Open Court as Judges Cite “Grave Public Interest".Added:
A high-stakes legal battle is unfolding in South Africa, and it's not just about policy. It's about who gets to witness justice.
The High Court has ruled this case must be heard openly, citing grave public interest.
But what's really at stake behind this decision?
Stay tuned as we break it down.
Um My client's position is that not all members of the public are able to log in on the link and therefore follow the proceedings. However, if it is an open court and it's broadcast on national TV, it becomes accessible to a far larger number of the population.
Thank you.
My instructions are that this uh Firstly, that the matter should be heard in open court, but we do not have an objection to the matter standing down until tomorrow. Our only concern is that whether the matter will be completed in time. There's been correspondence exchanged between the parties. I don't know if where you know all these concerns have been raised and how the arguments should be should be made and parties should be put to be or to be presented in order to finish by Friday 5:00. But to the extent You would call for us from a practice note that the applicants, all five of them, will be needed up there in the High Court later on tomorrow. Our only concern is that we want you to argue. We just want them to keep that in mind and to tailor arguments to that.
Yes.
Yes.
That's our hope too, my lady.
Thank you, my Miss Thank you, my lady. We have no objections for additional information to the stand down till tomorrow. My lady, I don't hold any specific instructions in respect of the format, so we will not Excuse me.
Excuse me, my lady.
Equally, we have no objections to the stand down. My instructions are the view of my client is that this matter should be in heard in open court. It is a matter of great significance, and we believe that open court um would benefit the public would be best.
We'll reach for We'll reach for.
I'm not going to dispute that, my lady.
Yes.
And the question is My ladies do not object to the stand down to allow for parties to travel and see if they can As such, my lady, if that's possible. Secondly, we would appreciate that if the matter being heard in open court but we are in the court hands to have it. To answer my lady's question is to people can travel For example, there are colleagues that came from the Western Cape and the Eastern Cape to attend this matter, and those colleagues are acting pro bono. So, the issue of travel is not as simple as traveling back to Durban for for others who will not be comfortable because they've already booked. And because the directives required them to have the matter [clears throat] be heard in Durban. So, if that can be taken into account when the court decides whether it's it's heard in Durban or in open court, thank you.
Thank you.
Thank you, my ladies. I think keeping with the General Council Society of Advocates' position as an amicus in this matter, we don't weigh in on the merits or demerits of these aspects. We are in the court hands. We get to be of assistance to the court this week.
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