The newly appointed tax ombud Bernard Ngoepe.
The Pretoria high court is to decide whether survivors or the families of those killed in industrial accidents have the right to access the reports into the event.
At the moment the report is not made public, and unless legal action is taken the families and maimed employees have no idea what caused the accident or what steps, if any, are being taken to avoid a similar incident.
The case heard on Tuesday involved the families of Paarl Print workers where a factory that burnt down in six minutes in 2009 left 13 employees dead.
In a landmark case lawyers representing these individuals are asking the court to rule that Section 32 of the Occupation Health and Safety Act allows for the report to be handed over to families and interested parties following a request to the presiding inspector.
Lawyers for Labour Minister Mildred Oliphant are arguing that the section does not have a specific provision to that effect and it was never in the intention of those drafting the legislation that the reports be handed over.
Workers are presently compensated automatically under the Compensation for Occupational and Diseases Act and are therefore prohibited from suing their employers.
Richard Spoor, among those representing the families, argued in his court submission that Mine Health and Safety Act, which governs mining sector accidents makes the documents publically available.
Steven Budlender, on behalf of the unions and family members, said to not make the papers available makes “a mockery of the enquiry”.
Speaking to Judge Elias Matojane, Budlender said: “It would be like allowing my learned friend to make submissions and then asking that you only make the finding to me and not my learned friend.”
He said a decision not to release the report would only make sense if it was likely to hinder an investigation, adding that there was no evidence that this was the case in this matter.
The matter was adjourned on Tuesday to allow Judge Matojane to consider the matter.