Makwakwa and Others v Minister of State Security (1316/2022) [2024] ZASCA 41 (5 April 2024)
Court
Supreme Court of Appeal
Case number
1316/2022
Judges
Makgoka, Weiner, Goosen, Chetty, Masipa
Appeal upheld after the court found material non-disclosure and misstatements in ex parte proceedings seeking to stop publication of an intelligence report.
Minister of State Security v Makwakwa and Others (64148/2021) [2022] ZAGPPHC 769 (5 October 2022)
Court
North Gauteng High Court, Pretoria
Case number
64148/2021
Judge
D S Molefe
The High Court confirmed an interdict preventing publication of a classified intelligence report and ordered its return, finding the respondents lacked lawful access.
Minister of State Security v Public Protector and Others (48521/19) [2020] ZAGPPHC 622 (6 November 2020)
Court
North Gauteng High Court, Pretoria
Case number
48521/19
Judge
MNGQIBISA-THUSI
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…
Minister of State Security v Public Protector and Others (48521/19) [2020] ZAGPPHC 591 (29 October 2020)
Court
North Gauteng High Court, Pretoria
Case number
48521/19
Judge
MNGQIBISA-THUSI
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…