Magidiwana and Another v President of the Republic of SA and Others (40805/15) [2015] ZAGPPHC 637 (12 June 2015)

Magidiwana and Another v President of the Republic of SA and Others (40805/15) [2015] ZAGPPHC 637 (12 June 2015)

The court held that the President's delay in releasing the Marikana Commission report was not irrational or unlawful. The President provided reasonable explanations for the delay, including the need to study the report, consult on its implications, and prepare for its public and political impact. The applicants failed to follow the procedures under PAIA, which is the legislation governing access to information held by the state. The court found no legal basis for granting relief directly under the Constitution. The urgency claimed by the applicants regarding prescription and preparation for damages claims was not substantiated, as the evidence and knowledge required for such claims were...

Citation
[2015] ZAGPPHC 637
Parties
Applicant: Mzoxolo Magidiwana; Applicant: Association of Mineworkers and Construction Union; Respondent: President of the Republic of SA; Respondent: Marikana Commission of Enquiry; Respondent: Socio Economic Rights Institute; Respondent: Legal Resources Centre
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2015
Case Number
40805/15
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application dismissed.
Judges
Tuchten
Legal Topics
Access to Information, Promotion of Access to Information Act, Commission of Inquiry, Constitutional Rights, Rationality Review, Prescription
Constitutional Law Administrative Law Civil Procedure Access to Information Promotion of Access to Information Act Commission of Inquiry Constitutional Rights Rationality Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mzoxolo Magidiwana

Applicant

Association of Mineworkers and Construction Union

Applicant

President of the Republic of SA

Respondent

Marikana Commission of Enquiry

Respondent

Socio Economic Rights Institute

Respondent

Legal Resources Centre

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the President is legally obliged to immediately release the Marikana Commission report.
  2. 2 Whether the delay in releasing the report is irrational, unlawful, or unconstitutional.
  3. 3 Whether the applicants are entitled to relief directly under the Constitution or must proceed under PAIA.

Ratio Decidendi

The court held that the President's delay in releasing the Marikana Commission report was not irrational or unlawful. The President provided reasonable explanations for the delay, including the need to study the report, consult on its implications, and prepare for its public and political impact. The applicants failed to follow the procedures under PAIA, which is the legislation governing access to information held by the state. The court found no legal basis for granting relief directly under the Constitution. The urgency claimed by the applicants regarding prescription and preparation for damages claims was not substantiated, as the evidence and knowledge required for such claims were...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.