Zim election report won't be released yet

2011-11-29 12:22

kalahari.com

  • Mugabe
    Power, plunder and the struggle for a fallen land. Now R135.00
    buy now

Johannesburg - The Constitutional Court has sent a Mail & Guardian application for a secret report on the 2003 Zimbabwe elections back to the North Gauteng High Court for further determination.

This was the essence of a judgment the court handed down on Tuesday.

The judges found that for a court to decide that the State had properly claimed that a record was exempt from disclosure, it should determine whether the State had shown that the withheld information fell within the exemptions claimed.

Because of the nature of proceedings under the Promotion of Access to Information Act, courts may sometimes not have enough evidence to responsibly decide whether an exemption from disclosure was correct.

The judges said this could happen because the requester, not having access to the record, faced difficulties raising genuine disputes of fact as to the exemptions claimed by the State.

It could also occur when the State was limited, under the act, in its ability to refer to the contents of the record in justifying the exemptions it claimed.

See the secret report

Therefore, the court ordered that the North Gauteng High Court be allowed to invoke its right to see the secret report, so it could decide the case.

The M&G was using the act to see the report by two South African judges.

Zimbabwe's President Robert Mugabe retained his position in that election over opposition leader Morgan Tsvangirai.

The judges, Sisi Khampepe and Dikgang Moseneke, observed the elections at the request of former president Thabo Mbeki.

Khampepe is a judge in the Constitutional Court and Moseneke is deputy chief justice. Both recused themselves when the court heard the matter in May.

The publisher of the M&G asked for the report in June 2008, but the president would not release it on the grounds it contained information given by Zimbabwean officials in confidence.

The report was to be used by the president for policy formulation.

The North Gauteng High Court granted an order compelling the president to make the report public.

The Supreme Court of Appeal rejected an appeal by the presidency against the High Court order and the presidency approached the Constitutional Court.

Disappointment

M&G editor Nic Dawes voiced disappointment over the ruling.

"I am disappointed," he said outside the court.

It meant the presidency's appeal was upheld, and the report could not be released yet.

The newspaper had been trying to get hold of the report for three years.

Dawes said the judgment was important in terms of the controversial protection of state information bill and the difficulties faced when trying to get information from the State, and in the context of next year's elections in Zimbabwe.

- SAPA

Read more on:    mail and guardian  |  nic dawes  |  zimbabwe  |  media  |  southern africa
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

DA wants to empower fishing communities - Zille

DA leader Helen Zille says the party has a plan for harbours and small-scale fishing communities.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Friday Somerset West - 08:57 AM
    Road name: N2 Outbound
    DELAYS through Somerset West due to high volumes
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Huawei B683 21Mbps 3G Wireless Router

Huawei B683 21Mbps 3G Wireless Router The B683 wireless gateway (hereinafter...

From R1671.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may find yourself putting in that extra effort on looking good and making an impression. ...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.