Adesina argued that the issue was really about academic freedom. He said Chetty’s actions were typical of the beginning of the end for academic freedom on university campuses in other parts of Africa, and expressed concern that academic freedom and freedom of expression were under threat in South Africa, too. The magistrate found that, given the prevailing circumstances at the university, Chetty’s letter “could very well be understood” as a gagging order. Adesina’s comments, the Magistrate said, showed no malice and were about “matters of public interest”. • ALERT Date: May 17, 2007 Persons: e-TV Violation: Victory A television documentary on the baby Jordan murder case may be broadcast without the director of public prosecutions (DPP) viewing it in advance, the Supreme Court of Appeal has ruled . The Bloemfontein court delivered judgement in an appeal concerning a documentary that was made by e.tv on the baby Jordan-Leigh Norton murder case in Cape Town. The accused in the case, Dina Rodrigues, and her co-accused were convicted earlier this month (May 2007) of the 2005 murder. The Cape Town High Court was expected to pronounce sentence on June 4. However, before the case had started, the DPP insisted on viewing the documentary before it was broadcast so as to satisfy himself that it would not prejudice the trial. E.tv refused, and the DPP applied for and was granted an interdict by the Cape Town High Court forbidding broadcast of the documentary. E.tv appealed to the Supreme Court of Appeal. The appeal case was eventually overtaken with the commencing of the trial, and the DPP withdrew his application. E.tv, with the DPP’s objection withdrawn, had broadcast the documentary and later asked that its appeal to the Bloemfontein court be withdrawn on the grounds that the appeal would have no practical effect. However, the appeal court found the case raised important questions of law on which there was little authority and which were bound to arise again. The judgement held that a prohibition on publication of material relating to forthcoming criminal proceedings was permitted only if it could be shown that the publication might cause substantial prejudice to the trial and that there was a real risk that the prejudice would occur. The order of the Cape Town High Court was set aside. The appeal judgement will have no effect on the baby Jordan case. So This Is Democracy? 2007 -85- Media Institute of Southern Africa