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Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)
Abstract
The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of
the Constitutional Court to strike a balance between the rights to privacy and the
right to freedom of expression as a consequence of section 12 of the Divorce Act 70
of 1979. According to the Court, it felt that the "remedy" it provided was the best
under the circumstances. However, there are certain concerns regarding the Court?s
judgment which require clarification, possibly through legislative intervention.