AFRICAN NATIONAL CONGRESS STATEMENT ON THE RELEASE OF AN INTERNAL ANC REPORT BY THE WESTERN CAPE HIGH COURT
The African National Congress notes the judgment delivered by Judge BM Griesel of the Western Cape High Court on Monday, 6 February 2012 making public an internal ANC report into certain matters in the Western Cape compiled during 2006.
The ANC reaffirms its respect for the courts established by our Constitution. Our commitment to the rule of law and to respecting the judgments of our courts has been reaffirmed on numerous occasions, in word and in deed. We remain unshaken and unshakable, it has been re-affirmed
It is therefore with great respect that we voice our serious concern and disappointment with the approach taken by Judge Griesel in this matter (see report).
The disclosure by a judge to an applicant, and the public at large, of a document furnished to the court pursuant to the provisions of the Promotion of Access to Information Act for the purposes of so-called "judicial peeking" is an unprecedented step for which we can find no legal basis or justifiable reason. We believe that this is gravely prejudicial to a party contesting the disclosure of the document.
On 30 November 2011, Judge Griesel made an interim order in an application by Independent Newspapers for access to an internal ANC report. The judge ruled that the report be submitted to him for a "judicial peek" to help him arrive at decision whether the applicants were entitled to the report, in whole or in part.
The ANC was advised that it was precluded from appealing at that stage, as the process was not yet complete and, accordingly, there was no final judgment to appeal against.
Acting in accordance with its commitment to the rule of law and in the good faith that the report would be seen and used by the judge only for the purposes outlined, the ANC complied with the order and provided him with a copy.
The ANC was accordingly shocked and dismayed when Judge Griesel proceeded to attach a copy of the internal ANC report to his judgment - instead of ordering the ANC to make it available to Independent Newspapers.
By attaching the report to his judgment Judge Griesel has effectively deprived the ANC of its constitutional and legal rights to appeal against his judgment.
The correct approach, and the one that we would expect to be followed by our courts, would have been to order the ANC to make the report available to the applicants. This would have afforded the ANC the opportunity to exercise its right to appeal in this sensitive and complex matter.
The ANC believes that this matter raises important legal and constitutional principles regarding the right to privacy and access to information.
The ANC will be applying for leave to appeal against this judgment in an attempt to correct what is, we believe, a fundamentally flawed approach.
Statement issued by Jackson Mthembu, ANC National Spokesperson, February 8 2012
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