6
HH 359-20
HC 2534/20
which the access to information envisioned by the Act can be realized. They have a right to be
protected in the practice of their profession as journalists. The balance of convenience favours
the granting of the interdict sought. This is so because if the proposed accreditation proceeds on
the basis of categories not provided for by law there will be irreparable prejudice to the
applicants who may be excluded from certain categories. On the other hand, the respondent
suffers no irremediable prejudice by proceeding in terms of the existing categories. When the
law is changed it can then proceed in the manner proposed. Finally, I do not believe that there is
an adequate alternative remedy available to the applicant which would achieve the result sought
through the interdict. The requirements for an interim interdict have therefore been established.
The draft provisional order will be amended to reflect that the interdict pertains only to
accreditation based on the new categories as announced by the respondent. The respondent is at
large to proceed with the accreditation based on the existing categories provided for by the legal
framework in place. The reference to the violation of sections 61 and 62 of the Constitution in
the terms of the final order sought will also be removed for the reasons outlined above. Finally, I
must point out in relation to the section on service that the Sheriff does not require a specific
statement in the order to authorize him to serve the provisional order. It is the duty of the Sheriff
to serve court orders. If any other person, such as the applicant’s legal practitioner, requires a
departure from that position of the law then they can seek that relief, as was done in the instant
case. The reference to the Sheriff will therefore be deleted as well.
In the result, the relief is granted in terms of the draft provisional order as amended, in
the following terms:
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the
following terms:
1. The respondent be and is hereby ordered to accredit the applicant’s members on the basis
of the accreditation categories provided for in s 79 of the Access to Information and
Protection of Privacy Act [Chapter 10:27] as read with the provisions of the Access to
Information and Protection of Privacy (Registration, Accreditation and Levy)
Regulations, 2002 (Statutory Instrument 169C of 2002).
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