ASSIGNMENT 1 FOR CIP 3702

QUESTION 1 A, a photographer, employed by a local magazine Disclosures of the Rich and Powerful, takes some photographs of a local politician, B, bribing A police officer at a nightclub. A close source informs B that some of the photographs of him paying the police officer will be published on the front page of the magazine the following day. B is worried that his wife, a well-respected Judge, and his political allies will find the photographs unacceptable. WITH THESE FACTS IN MIND, ANSWER THE FOLLOWING QUESTIONS: (I) BRIEFLY DISCUSS THE SPECIFIC PROCEDURE THAT B MAY USE TO APPROACH THE COURT FOR AN INTERDICT TO PREVENT PUBLICATION OF THE ARTICLE AND THE PHOTOGRAPHS. (3) (a) Although final interdicts are usually sought by way of action, they may also be sought by way of notice of motion where the facts are not in dispute. (b) Where a temporary interdict is sought, the applicant always approaches the court by way of notice of motion. Temporary interdicts are always sought by way of the application procedure and will be granted despite the existence of a factual dispute, provided that the applicant fulfilled the requirements. (c) In matters of urgency, the applicant approaches the court by way of application, without giving notice to the respondent. In such a case, a rule nisi is issued, calling on the respondent to show cause on the return day why the rule should not be confirmed and an interdict granted. Here, the rule nisi operates as a temporary interdict pending confirmation on the return day. On the return day, the court has a wide discretion as to whether it should grant an interdict, and, if so, on what terms. Where there are facts in dispute which cannot be