The contents of a report on Zimbabwes 2002 elections, that have been kept hidden by the South African Presidency, will remain a closely guarded secret despite two court orders to make the information public.
The Mail & Guardian newspaper has been trying to have the report released since 2008, saying the information gathered by South Africa about Zimbabwes election was of enormous public interest. In 2002 the then President Thabo Mbeki, commissioned Judge Sisi Khampepe and Deputy Chief Justice Dikgang Moseneke to visit Zimbabwe and report back on the state of the election. The report was handed over to Mbeki but never made public, although the former President insisted the electoral process in Zimbabwe was completely democratic.
The newspapers efforts to get the report were repeatedly denied and eventually the High Court was brought in to rule on the matter. The Court ruled in the newspapers favour in June this year, ordering the government to hand over the report within 10 days. But the Presidency then announced that it would appeal the ruling.
Last week that appeal was dismissed by the Supreme Court after a unanimous decision by five judges, who said that there was no need to change the High Courts findings on the matter. Appeal Judge Robert Nugent said there was no evidential basis established by the Presidency for refusing access to the report.
Open and transparent government and a free flow of information concerning the affairs of the state is the lifeblood of democracy, the judgement said.
But the Presidency has now stated its intention to apply for leave to appeal the judgement in the Constitutional Court, meaning the report, which the Mail & Guardian had hoped they would have access to before Christmas, will stay hidden.
Mail & Guardian editor Nic Dawes told SW Radio Africa on Wednesday that he is extremely disappointed by the governments repeated attempts to block public access to the information, despite two court orders.
Two courts have now made it clear that the Presidency has no basis for keeping this report secret, and we think they ought to live up to their Constitutional obligations and hand the document over, Dawes said.
He explained that the latest judgement by the Supreme Court of appeal very clearly laid out the constitutional basis for making the contents of the report public, adding that the Presidency is going to the Constitutional Court not to test these constitutional issues, but just to delay handing over the document.
The editor expressed particular concern that the governments latest appeal comes at a time when Zimbabwe is faced with the prospect of yet another election in 2011.
There is grave concern that this report has been kept secret for so long but what is of equal concern is that it comes when there is renewed controversy that ZANU PF is pushing for another election next year, which many people feel will not be free or fair, Dawes said.
There is widespread speculation that the 2002 report contained evidence showing that the disputed election was not free or fair, despite former President Mbekis insistence that the process was democratic. Current President Jacob Zuma has now taken over Mbekis role as mediator in the Zimbabwe crisis, a role that many commentators feel he has merely used to keep supporting Robert Mugabe.
The accusation now is that Zuma is also deliberately keeping the 2002 election report hidden so that he can keep supporting Mugabe and his 2011 election calls, without the evidence that he is supporting an illegitimate leader.
Post published in: News