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South Africa decisions
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Minister of State Security v Makwakwa and Others (64148/2021) [2022] ZAGPPHC 769 (5 October 2022)
The High Court confirmed an interdict preventing publication of a classified intelligence report and ordered its return, finding the respondents lacked lawful access.
Vuma and Others v Executive Director: Independent Police Investigative Directorate and Another (49791/2018) [2021] ZAGPPHC 9; 2021 (1) SACR 621 (GP) (13 January 2021)
The court found that the applicants’ refusal to grant IPID access to the requested documents was not justified by law. Section 29(2) of the IPID Act imposes a clear duty on SAPS members to cooperate with IPID investigations, including producing relevant documents, regardless of their classification. The reliance on section 5(2) of the Intelligence Service Oversight Act was misplaced, as it does not create an absolute prohibition on disclosure and is directed at secrecy within the JSCI. The applicants failed to provide cogent reasons for the classification of the documents or for refusing decl…
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Minister of State Security v Public Protector and Others (48521/19) [2020] ZAGPPHC 622 (6 November 2020)
The court found that the Minister's concerns regarding national security were legitimate, as disclosure of the Inspector-General's Report would endanger SSA operatives and compromise intelligence methods. The fact that the report had been leaked and was in the public domain did not negate its classified status or render unauthorised possession lawful. The court held that the right of access to information is not absolute and may be limited in the interests of national security. The Minister's provision of a declassified, redacted version of the report was deemed a reasonable and justifiable l…
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