Last night Sekunjalo laid a criminal complaint with the SAPS at Caledon Square in Cape Town under SAPS case number- 277/12/2013 against the Sunday Times newspaper, its editor Phylicia Oppelt, and one of its journalists, Bobby Jordan.
The police declined last night to open a docket, but having reviewed their decision today, a docket was opened.
The criminal complaint concerns an article which appeared in the Sunday Times on 1 December 2013, quoting extensively from a confidential draft provisional report by the Public Protector.
The publication by the Sunday Times contravenes section 7(2) of the Public Protector Act 23 of 1994.
The article referred to a confidential draft provisional report which was circulated to affected parties in terms of section 7 of the Public Protector Act. The Public Protector made it clear that her draft provisional report was confidential, may not be disseminated, and was meant only for comment by the affected parties and not for public consumption. The Public Protector warned explicitly,
"Kindly further take note that in terms of section 7(2) of the Public Protector Act, 1994, the contents of the report is confidential. No person may disclose such (contents) . . . and any person that breaches the confidentiality shall be guilty of an offence".