Makwakwa and Others v Minister of State Security

The first appellant, a journalist, and the second and third appellants, media companies, came into possession of an intelligence report compiled by the State Security Agency (SSA). The report concerned alleged monitoring by the United States embassy of factional political dynamics within the African National Congress. After the journalist sought comment from various officials, the Minister of State Security urgently approached the Gauteng High Court on an ex parte basis and obtained an interim interdict prohibiting publication of the report, on the basis that it was classified and that publication would harm national security. The interdict was later confirmed by the High Court on the return date. The appellants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside and replaced with an order discharging the interim interdict with costs.

The case reinforces the strict duty of candour and good faith in ex parte proceedings and affirms judicial oversight over claims of national security and classified information. It confirms that classification of information does not, by itself, bar courts from permitting publication and underscores the protection of media freedom against unjustified state secrecy.