JOHANNESBURG - South Africas Supreme Court of Appeal (SCA) last week dismissed an appeal by the government against an earlier court judgment ordering it to hand over to a local newspaper a confidential report on a presidential election in neighbouring Zimbabwe eight years ago.
But there were fears President Jacob Zumas office could appeal to the Constitutional Court South Africas highest court to overturn the unanimous judgment of the SCA and block release of the report that is believed to contain information showing that President Robert Mugabe stole the 2002 vote. Zuma fears release of the report compiled by two senior judges sent to Zimbabwe by former President Thabo Mbeki could strain relations with Mugabe and damage Pretorias mediation effort in Zimbabwe.
In a ruling delivered by Judge Robert Nugent, the SCA said the presidency had not provided evidence to back up its request that a High Court judgment ordering release of the Zimbabwe election report to the Mail & Guardian newspaper be set aside.
Nugent said: “It might be that the report contains information that was received in confidence, and it might be that it was obtained or prepared for a purpose contemplated by Section 44, but that has not been established by acceptable evidence.”
Section 44 of the Promotion of Access to Information Act allows access to a record to be refused if it contains information related to formulating policy or taking a decision in the exercise of a power, or performance of a duty, imposed by law.
But the SCA said the affidavits on which the presidency based its case did not show beyond doubt that the section covered the report.
Judges Dikgang Moseneke and Sisi Khampepe – acting as special envoys to Zimbabwe – for then president Mbeki visited the country following the presidential poll in which Mugabe narrowly defeated then opposition leader Morgan Tsvangirai. The run-up to the poll had been marred by political violence and gross human rights abuses including the murder of Tsvangirais supporters, while there were massive irregularities on voting day in Harare and major cities were the opposition enjoyed the most support.
Post published in: Politics