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

Two senior judges prepared a confidential report for then President Thabo Mbeki after observing conditions in Zimbabwe prior to the 2002 elections. The report, commonly referred to as the Khampepe–Moseneke Report, was never released publicly. M & G Media Limited, publisher of the Mail & Guardian, requested access to the report under the Promotion of Access to Information Act 2 of 2000 (PAIA). The Presidency refused the request, relying on discretionary refusal grounds under sections 41(1)(b) (confidential information supplied by another state or international organisation) and 44 (records prepared to assist in policy formulation or decision-making). An internal appeal failed, and M & G Media successfully applied to the North Gauteng High Court to compel disclosure. The President and other officials appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the order compelling disclosure of the report stood.

This case is a leading authority on the interpretation and application of PAIA. It affirms that the state bears a substantive evidentiary burden to justify secrecy and that mere assertions or formulaic reliance on statutory provisions are insufficient. The judgment reinforces the constitutional commitment to transparency and a culture of justification, particularly in matters of high public interest involving the Presidency and foreign affairs.