Industrial Health Resource Group v Minister of Labour (74793/2013) [2015] ZAGPPHC 555 (7 August 2015) per Matojane J at para [53]

The order:

  1. It is declared that the persons referred to in section 32(5)(c) of the Occupational Health and Safety Act 85 of 1993 (“OHSA”), are entitled, on request to the presiding inspector, to be furnished with a copy of the report contemplated in section 32(9) of OHSA, into any inquiry held in terms of section 32 of OHSA.

  2. It is declared that the policy of the Department of Labour to refuse access to a section 32 inquiry report in all instances and without regard to the circumstances of each case once the report is referred to the National Prosecuting Authority is inconsistent with OHSA, the Promotion of Access to Information Act 2 of 2000, and the Constitution of the Republic of South Africa, 1996, and is accordingly unlawful and invalid.

  3. The Minister of Labour is directed to provide, within five (5) days of this court order, the second to tenth applicants with access to the presiding inspector’s section 32 inquiry report, into the fire that occurred at the Paarl Print facility, in Paarl, on 17 April 2009.

  4. It is directed that the costs of this application are to be paid by the first respondent and such other respondents who opposed this application, jointly and severally, the one paying the other to be absolved.