President of the Republic of South Africa and Others v M & G Media Limited

Prior to the 2002 Zimbabwean presidential election, President Thabo Mbeki appointed two South African judges to assess constitutional and legal issues surrounding the election. The judges produced a report for the President, which was never made public. M & G Media Limited, publisher of the Mail & Guardian newspaper, requested access to the report under section 11 of the Promotion of Access to Information Act 2 of 2000 (PAIA). The Presidency refused access, relying on exemptions in sections 41(1)(b)(i) (confidential information supplied by another state) and 44(1)(a) (records prepared to assist executive policy formulation). M & G Media challenged the refusal. The High Court and Supreme Court of Appeal ordered disclosure of the report, finding the exemptions not justified. The state appealed to the Constitutional Court.

The appeal was dismissed. The orders of the Supreme Court of Appeal and the High Court were upheld, requiring the Presidency to disclose the report in its entirety to M & G Media Limited, with costs.

This case is a leading authority on the interpretation and application of PAIA. It clarifies the evidentiary burden on the state when refusing access to information, reinforces transparency and accountability as constitutional values, and strengthens media freedom and the public’s right to know. It confirms that courts must scrutinise secrecy claims rigorously and that exemptions from disclosure are narrowly construed.