SDCV v Director-General of Security: Procedural Fairness and the Ability to Decide a Matter Based on Secret Evidence Not Disclosed to a Party or Their Legal Team

This article considers the increased use of so-called secret evidence, where a party to a proceeding that would or might be affected by particular evidence is not given access to it (and thereby a chance to respond to it) prior to a decision which utilises such material is made. Members of the High Court are increasingly hostile to the use of such provisions on the basis it might offend the requirements of Chapter III of the Constitution.