Leave to appeal against a KZN High Court (Pietermaritzburg) decision to allow media houses to report on the disciplinary proceedings of 11 Department of Public Works employees relating to work on upgrades to President Jacob Zuma’s Nkandla home was dismissed yesterday, notes a report in The Mercury. The employees were seeking to appeal Judge Pete Koen’s ruling two months ago that the allegations that they collectively breached legislation governing their employment were matters of public interest.

The main application had been brought by Media 24, Times Media and M&G Media. The judge said at the time that the public was entitled to be informed about whether the employees had complied with their obligations. The disciplinary proceedings were about the lawfulness of the employees’ involvement in the processes resulting in their approval of the R246m upgrades to Zuma’s private Nkandla residence.

The judge said public interest was heightened by the fact that the disciplinary proceedings concerned the alleged wrongful expenditure of public funds. The grounds for leave to appeal included that there was a reasonable prospect that an appeal court would find that the disciplinary proceedings were private and that the parties enjoyed constitutional protection of their right to privacy and dignity.

Also, that another court might find that even if the state as employer did not enjoy such right of privacy, the employees did and were protected by the Constitution.

Full report in The Mercury (subscription needed)