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South Africa Case Law

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Civil Procedure [2024] ZASCA 41

Makwakwa and Others v Minister of State Security (1316/2022)

Makwakwa and Others v Minister of State Security (1316/2022) [2024] ZASCA 41 (5 April 2024)

Appeal upheld after the court found material non-disclosure and misstatements in ex parte proceedings seeking to stop publication of an intelligence report.

  • Ex Parte Applications
  • Good Faith
  • Interim Interdict
  • National Security
  • Open Justice
  • Ex-parte-applications
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Administrative Law [2022] ZAGPPHC 769

Minister of State Security v Makwakwa and Others (64148/2021)

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.

  • Access To Information
  • Protection Of Information Act
  • Interdict
  • Classification Of Documents
  • Open Justice
  • National Security
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Constitutional Law [2020] ZAGPPHC 622

Minister of State Security v Public Protector and Others (48521/19)

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…

  • National Security
  • Access To Information
  • Open Justice
  • Classification Of Documents
  • Constitutional Limitation
  • Striking Out Evidence
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Constitutional Law [2020] ZAGPPHC 591

Minister of State Security v Public Protector and Others (48521/19)

Minister of State Security v Public Protector and Others (48521/19) [2020] ZAGPPHC 591 (29 October 2020)

The court found that the Minister is empowered under the Constitution and national policy (MISS) to classify documents in the interests of national security. While courts have inherent jurisdiction to regulate access to court records, the disclosure of the Inspector-General's Report, which contains the identities of intelligence operatives, sources, and methods, would prejudice national security and endanger lives. The fact that the report is in the public domain does not remove its classification or render unauthorised possession lawful. The Minister's provision of a declassified, redacted v…

  • Access To Information
  • National Security
  • Public Interest Limitation
  • Protection Of Information Act
  • Open Justice
  • Court Record Disclosure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.