CASE NO: 14/2015 – eNCA VS CHURR – APPLICATION FOR LEAVE TO APPEAL

Application for leave to appeal on grounds, inter alia, that the Tribunal did not make a finding in terms of Clauses 28(1) and (2) and that Clause 28(3) does not apply to the broadcast of a news feature. Both the Applicant and the Respondent are applying for leave to appeal. The Chairperson found that an Appeal Tribunal might give a restricted interpretation to the meaning of the words in Clause 28(3) and find that it is not applicable.  The Chairperson further found that an Appeal Tribunal might find that the Tribunal erred in not making a finding in terms of Clauses 28(1) and (2).  The applications for leave to appeal were granted.