The SCA upheld the appeal and overturned the judgment of the high court in Primedia Broadcasting v Speaker of the National Assembly (2749/2015) [2015] ZAWCHC 72; 2015 (4) SA 525; [2015] 3 All SA 340; 2015 (7) BCLR 835 (WCC) (28 May 2015) per Dlodlo and Henney JJ concurring and Savage J dissenting.
Summary: Constitutional law: Parliament: The rules and policy adopted by Parliament governing the broadcast of disorder in the Parliamentary Chamber violate the public’s right to an open Parliament and are unconstitutional and unlawful. The disruption of the cell phone signal in Parliament during the State of the Nation address was in contravention of the s 4(1) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 4 of 2004 and was unlawful.
Primedia Broadcasting v Speaker (784/2015) [2016] ZASCA 142 (29 September 2016) per Lewis JA (Cachalia, Tshiqi, Swain and Zondi JJA concurring)