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Phillips v Director of Public Prosecutions information


Phillips v Director of Public Prosecutions
CourtConstitutional Court of South Africa
Full case nameAndrew Lionel Phillips and Another v Director of Public Prosecutions, Witwatersrand Local Division and Others
Decided11 March 2003
Docket nos.CCT 20/02
Citation(s)[2003] ZACC 1; 2003 (3) SA 345; 2003 (4) BCLR 357
Case history
Prior action(s)High Court of South Africa, Witwatersrand Local Division – Phillips and Another v Director of Public Prosecutions and Others 2002 (5) SA 556 (W)
Court membership
Judges sittingChaskalson CJ, Langa DCJ, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, O'Regan, Sachs J and Yacoob JJ
Case opinions
Section 160(d) of the Liquor Act, 1989 violates the right to freedom of expression and is unconstitutional. (9:1.)
Decision byYacoob J (Chaskalson, Langa, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan and Sachs concurring)
ConcurrenceNgcobo J
ConcurrenceSachs J
DissentMadala J

Phillips and Another v Director of Public Prosecutions, Witwatersrand Local Division and Others is a 2003 decision of the Constitutional Court of South Africa on the right to freedom of expression. The case concerned a statutory prohibition against obscene or nude performances, such as striptease, on premises where liquor was sold. In Justice Albie Sachs's summation, the question was "whether it is constitutionally permissible to prohibit the combination of tipples and nipples".[1]

Finding that this prohibition was unconstitutional, the court struck down section 160(d) of the Liquor Act, 1989. Justice Zak Yacoob wrote for the court's majority and Justice Tholie Madala wrote the lone dissent.

  1. ^ Hoctor, Shannon (2005). "The right to freedom of expression and the criminal law – the journey thus far". Obiter. 26 (3). doi:10.10520/EJC85153.

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