(a) It is a fundamental principle of our law of evidence and criminal procedure that no person should be obliged to incriminate himself or herself (by being forced to answer questions, the answers to which may expose him or her to a criminal charge).
(b) If a journalist refuses to answer questions, a court cannot sentence him or her to a term of imprisonment.
(c) The provisions of section 205 of the Criminal Procedure Act, 1977 is inconsistent with the
Constitution of the Republic of South Africa, 1996.
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