LCR4803 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTE AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED)
QUESTION 1
A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is ...
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A
LCR4803
Media Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 3 MARCH 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
QUESTION 1
A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls
from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However,
before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her
attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information:
(1) An application to the Constitutional Court while relying on section 32 of the Constitution
(2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure
Act 51 of 1977
(3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical
possibility)
(4) Using the Promotion of Access to Information Act 2 of 2000
Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client
as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend
another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of
legal commentators. [20] QUESTION 2 and 3 continues….
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, QUESTION 1
A takes her daughter, B, to hospital for a medical procedure. While in hospital, and
at a stage when she is unconscious, B falls from a trolley and is severely injured.
A is sure that these injuries were caused by the negligence of the hospital staff.
However, before she can institute proceedings against the hospital to claim
damages, she needs more information. She consults you, her attorney, in this
regard. Advise her by referring to the following possible methods that can be used
to obtain information:
(1) An application to the Constitutional Court while relying on section 32 of the
Constitution
(2) A subpoena served on the hospital superintendent to answer questions in
terms of section 205 of the Criminal Procedure Act 51 of 1977.
(3) Connecting a monitoring device to the hospital’s telephone and computer
networks (assume that this is a practical possibility)
(4) Using the Promotion of Access to Information Act 2 of 2000
Compare these four possibilities with regard to their appropriateness in the given
circumstances and then advise your client as to the best procedure to follow. If you
are of the opinion that none of these alternatives would be suitable, recommend
another solution. Discuss fully. Substantiate your answer by referring to applicable
case law, legislation and the opinions of legal commentators. [20]
QUESTION 1
1)
• Access to information
• Section 321 determines the following:
• 1. Everyone has the right of access to
• a. any information held by the state; and
1 The Constitution of the Republic of South Africa, 1996.
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