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

M & G Media Ltd, a media company publishing the Mail & Guardian, requested access under the Promotion of Access to Information Act 2 of 2000 (PAIA) to a report commissioned by former President Thabo Mbeki. The report was prepared in 2002 by Justices Khampepe and Moseneke following a judicial mission to Zimbabwe to observe conditions surrounding that country’s presidential elections. The Presidency refused access, relying on PAIA exemptions relating to international relations and policy formulation. After prolonged litigation, including decisions by the High Court, the Supreme Court of Appeal, and the Constitutional Court, the matter was remitted to the High Court to conduct a ‘judicial peek’ at the report under s 80 of PAIA. After examining the report, the High Court ordered its disclosure. The Presidency appealed that order to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of three counsel. The order directing the Presidency to disclose the report to M & G Media Ltd was upheld.

The case clarifies the operation of section 80 of PAIA, particularly the limits of ex parte representations after a judicial peek. It reinforces that public bodies bear the onus of justifying refusals of access and cannot use section 80 to introduce new evidence belatedly. The judgment strengthens transparency and media access to information, and confirms a restrictive interpretation of PAIA exemptions, especially in matters involving public interest and accountability.