Judge Willis of the South Gauteng High Court said: “Let's say a prominent individual wrote an unfortunate love letter and someone gets hold of that letter and photocopies it and a newspaper uses the copy of the letter.
“The individual will be embarrassed and the individual has various remedies if the newspaper wants to publish — can the individual ask for the copy?”
The document the SABC wants returned formed the basis for a March front page lead revealing “mass corruption and gross mismanagement” at the public broadcaster.
Advocate PJ van Blerk for SABC argued that the Sunday Times' possession of the documents was a continued illegality and an “invasion of privacy”.
Advocate Wim Trengove for the newspaper argued that the return of the report would expose the newspaper's source, who felt in considerable danger and that a “witch-hunt” to expose the source was under way.
The newspaper does not intend publishing the rest of the report.
Judgment in the matter was reserved.
Source: The Times
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