The South African Broadcasting Corporation (SABC) made significant concessions on Wednesday as the High Court in Pretoria presided over an application for an urgent interdict against "censorship" at the public broadcaster.

The Helen Suzman Foundation secured an interdict after the SABC, during a morning of negotiations, decided not to contest but simply to insist on recognition that it retained editorial independence, though this must be exercised in line with the Constitution.

"In bringing this claim, we had a number of different items which we sought interdictory relief in respect of. The SABC only opposed one of those items being the manifestation of the policy. Today (Wednesday) in court they withdrew their opposition, even to that aspect," Helen Suzman Foundation’s attorney Dylan Cron said at the court.

"Instead, they indicated that they were happy to concede all of the Helen Suzman Foundation’s relief, subject to the record that they still enjoy some editorial discretion."

Another HSF attorney, Pooja Dela said their court application was aimed at protecting the public.

"Effectively, the relief sought to protect the public from certain conduct of the SABC which is constitutionally repugnant. That conduct goes far wider than simply the policy that was published by the SABC on May 26," she said.

The SABC policy announced on May 26 stated a prohibition of broadcasting of visuals of the destruction of public property and institutions.

The HSF application went beyond the May 26 policy, stating that the SABC was abusing its editorial discretion, acting in a manner contrary to its statutory framework and the Constitution.

On Wednesday morning, the SABC attorneys were locked in negotiations with the HSF representatives shortly after the High Court in Pretoria heard that the public broadcaster has made numerous concessions.

Judge John Murphy quickly adjourned court proceedings, a couple of minutes after starting, giving a chance to the SABC and HSF attorneys to iron out the only salient point which relates to the broadcasting of images of violent protests.

When the court resumed, after the negotiations, David Unterhalter SC told the court that there were no material changes to be made on their application, except to have a recognition that the SABC "have and may exercise their editorial discretion but in accordance with the Constitution and the Broadcasting Act".

When SABC lawyers confirmed the agreement, and Murphy then granted the interim order.

HSF director Francis Antonie said the SABC concessions vindicated his organisation.

"In effect, the interdict has been granted. Crucially, the editorial policy of the SABC has been unlawful, in terms of the Constitution, the Bill of Rights and the Broadcasting Act. Obviously the SABC must have some editorial independence, in terms of the Broadcasting Act, but it cannot censor the news," said Antonie.

"We have to keep monitoring what the SABC is doing and here is an appeal to organisations like SOS and Media Monitoring Africa to ensure that the SABC continues to abide by the court interdict. It’s been a fantastic victory, not only for the Helen Suzman Foundation but also for the Bill of Rights, the Constitution and for the rule of law."

He said without putting any argument in court, the SABC had conceded to all the arguments presented by HSF. The public broadcaster was also ordered to pay the cost of the proceedings.

Antonie ventured that the turn of events in the high court case could change the fate of the eight SABC journalists who were fired for objecting to the editorial stance of the public broadcaster.

"That matter is before the Constitutional Court but given the extraordinary way today’s proceedings have gone, I think that is now a moot issue. If, as the SABC has conceded that their policy was unlawful, then all the suspensions and subsequent dismissals that flow from that implementation of this unlawful policy must be set aside," he said.

The HSF brought the urgent application against the SABC, its board of directors, the Minister of Communications Faith Muthambi and SABC COO Hlaudi Motsoeneng.