Chelsey Sage Pfeil
Student number: 53023145
Module code: LCR4803
Semester One Final Exam
1
, Question 1
(a) In the case of R v Daya Morar 1 the court developed the following definition of a
newspaper;
A publication appearing at regular, or almost regular, intervals, at short periods
of time, as daily or weekly usually in sheet form, and containing news; that is,
reports of happenings of recent occurrence, of a varied character, such as
political, social, moral, religious, and other subjects of a similar nature local or
foreign, intended for the information of the general reader.
(b) Section 3 of the Protection of Information Act 84 of 1998 sets out the crime of
espionage as the following;
Any person who, for purposes of the disclosure thereof to any foreign State or
to any agent, or to any employee or inhabitant of, or any organization, party,
institution, body or movement in, any foreign State, or to any hostile
organization or to any office-bearer, office, member or active supporter of any
hostile organization –
(a) Obtains or receives any secret official code or password or any document,
model, article or information used, kept, made or obtained in any prohibited
place; or
(b) Prepares, compiles, makes, obtains or receives any document, model,
article or information relating to –
(i) Any prohibited place or anything in any prohibited place, or to
armaments; or
(ii) The defense of the Republic, any military matter, any security matter
or the prevention or combating of terrorism; or
(iii) Any other matter or article, and which he knows or reasonably
should know may directly or indirectly be of use to any foreign State
or any hostile organization and which, for considerations of the
security, or the other interests of the Republic, should not be
disclosed to any foreign State or to any hostile organization, shall be
guilty of an offence and liable on conviction. 2
1
R v Daya Morara 1929 TDP 696
2
Section 3 of Protection of Information Act 84 of 1998
2
Student number: 53023145
Module code: LCR4803
Semester One Final Exam
1
, Question 1
(a) In the case of R v Daya Morar 1 the court developed the following definition of a
newspaper;
A publication appearing at regular, or almost regular, intervals, at short periods
of time, as daily or weekly usually in sheet form, and containing news; that is,
reports of happenings of recent occurrence, of a varied character, such as
political, social, moral, religious, and other subjects of a similar nature local or
foreign, intended for the information of the general reader.
(b) Section 3 of the Protection of Information Act 84 of 1998 sets out the crime of
espionage as the following;
Any person who, for purposes of the disclosure thereof to any foreign State or
to any agent, or to any employee or inhabitant of, or any organization, party,
institution, body or movement in, any foreign State, or to any hostile
organization or to any office-bearer, office, member or active supporter of any
hostile organization –
(a) Obtains or receives any secret official code or password or any document,
model, article or information used, kept, made or obtained in any prohibited
place; or
(b) Prepares, compiles, makes, obtains or receives any document, model,
article or information relating to –
(i) Any prohibited place or anything in any prohibited place, or to
armaments; or
(ii) The defense of the Republic, any military matter, any security matter
or the prevention or combating of terrorism; or
(iii) Any other matter or article, and which he knows or reasonably
should know may directly or indirectly be of use to any foreign State
or any hostile organization and which, for considerations of the
security, or the other interests of the Republic, should not be
disclosed to any foreign State or to any hostile organization, shall be
guilty of an offence and liable on conviction. 2
1
R v Daya Morara 1929 TDP 696
2
Section 3 of Protection of Information Act 84 of 1998
2
