REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA mean that there should be no censorship. No unreasonable restraint should be placed on the press as to what they should publish.”120 190. 191. Freedom of the media may be restricted in certain circumstances. In the case of South African Broadcasting Corporation Limited (SABC) v The National Director of Public Prosecutions121 the issue was whether Constitutional Court should intervene to require the Supreme Court of Appeal to permit the national broadcasting corporation to broadcast on radio and television proceedings before the Supreme Court of Appeal. In a unanimous judgment, the Supreme Court of Appeal took the view that the “applicant’s right to freedom of expression and to impart information, and the public’s right to receive such information, collide four square with the respondents’ respective rights.” It noted that because of the power given to it by section 173 to regulate its own processes, it had to do so by considering how best to accommodate the competing rights of the parties. The Court held that a balancing exercise was required between the right of the applicant to freedom of expression and the right of the respondents to a fair trial.122 The Supreme Court of Appeal held that television and radio broadcasts would violate fair trial rights.123 The Constitutional Court held that it could not be said that the Supreme Court of Appeal reached its decision other than judicially. No basis has been established for intervening in the exercise by the Supreme Court of Appeal of its discretion to regulate its own process and to ensure that the arrangements within its own court room do not interfere with the administration of justice.124 In addition to the cases mentioned above, there are a number of cases which further illustrate the rights of information and expression.125 Articles 10 and 11: Freedom of association and freedom of assembly 192. The rights to association and assembly find expression in sections 17 and 18 of the Constitution, respectively.126 193. In terms of the Regulation of Gatherings Act, 1993127 extensive space was provided for individuals and groups to hold public gatherings during the period under review. The purpose of the Act is to regulate the holding of public gatherings and demonstrations. A 120 Para 35 [2008] ZACC 6 122 Para 10 123 Para 12 124 Para 67 125 Brümmer v Minister for Social Development and Others 2009 (6) SA 323 (CC); Minister for Provincial and Local Government v Unrecognised Traditional Leaders, Limpopo Province (Sekhukhuneland) 2005 (2) SA 110 (SCA); President of the Republic of South Africa and Others v M & G Media LTD 2012 (2) SA 50 (CC) 126 S 17 “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” S 18 “Everyone has the right to freedom of association.” 127 Act No. 205 of 1993 121 57