The Mail & Guardian newspaper has submitted that the Local Organising Committee (LOC), responsible for "organising, staging and hosting the World Cup" is performing a public function and therefore should be open for scrutiny from the media.

The newspaper is arguing at the Johannesburg High Court that, as the media, it has a right to access information on the tendering processes from the LOC and the organisation's head, Danny Jordaan.

Both the LOC and Jordaan refused the newspaper access to information relating to the tendering process between the LOC and service providers, stating that it was performing a private function for soccer governing body, Fifa, and it was therefore not obligated to reveal the tender documentation to the public.

In their heads of argument, the M&G states: "We submit that it is extraordinary that a body such as the LOC, charged with organising the most significant sporting event in the world, and purporting to do so in the public interest, would seek to keep its conduct inaccessible to public scrutiny.

“Refusing access to these records would enable the organiser of this event to keep from the public eye documents which may disclose evidence of corruption, graft and incompetence in the organisation of the World Cup, or which may disclose that there has been no such malfeasance. It will make it impossible for any enquiry into those matters to be undertaken."

Geoff Budlender, SC, representing the newspaper told the court: "We submit there is something impossible to say with a straight face that the LOC is not performing a public function."

Budlender argued that the "Impact" on the public was "so big, that even ministers are listed as directors on the LOC board. It is not a private body disassociated from the Government- as ministers are directly involved in the LOC."

Budlender further argued that the state has made a "massive financial contribution to the tournament."

Budlender noted that a "total R31-billion of state spending for the World cup" is tax payer money.

"This public money is being spent to enable the World Cup to be held in South Africa. Spending is necessary, the provisions of facilities and infrastructure is a condition of agreement between Fifa and Safa."

The M&G further argued that the LOC is "doing this in the national interest – not in the private interest of the few people who will play in the matches, or even solely or primarily in the interest of those who will watch the matches (itself a public function). If this were not the case, the national, provincial and local governments would not be investing vast sums of money in the staging of the World Cup, and the government would not have deputed a substantial number of Cabinet Ministers to serve on the LOC."

The applicants submit that the media as the right of access to information: "Because information is the tool of their trade, it will often be necessary for the media to gain access to information in order to perform their democratic function of reporting on matters of public interest."

But the LOC has argued that they are a private company, and their functions under Fifa are not public. In their heads of argument the organisation submits: “We have indicated above that the 2010 FIFA World Cup TM is a commercial venture involving FIFA, SAFA and the Organising Committee. The staging of the event is not the role of government. It is however clear that the 2010 FIFA World Cup TM is a massive event for South Africa as a country, and that the government wishes it to be a success."

Arguments continue at the Johannesburg High Court.