via Zuma granted another appeal in bid to keep Zim report secret | SW Radio Africa by Alex Bell November 4, 2013
The South African Presidency has been granted another opportunity to appeal an order to hand over a report on Zimbabwe’s 2002 elections, with Jacob Zuma’s office fighting to keep the contents of the document secret.
High Court Judge Takalani Raulinga last week granted Zuma’s office leave to appeal, further stretching out the almost five year fight for the document to be released. Raulinga, one of the few ‘outsiders’ to have seen the hidden report, in February ordered that the document be handed over to the Mail & Guardian newspaper.
The case has been back and forth to the High Court and Constitutional Court since 2009 when the newspaper first tried to have the report made public. This was amid widespread speculation that the report contained evidence showing that the 2002 disputed election in Zimbabwe was not free or fair.
Raulinga was granted a ‘judicial peek’ at the contents last year and in February ruled that there was enough information to cast doubts on the legality of Zimbabwe’s 2002 poll. He ordered the President to hand the document over within ten days, but Zuma’s office later stated its intentions to appeal the matter.
Raulinga last week ordered that the appeal be heard by the Supreme Court of Appeal, rather than by the High Court, arguing that since the higher courts had not seen the report, “it was therefore critical that leave to appeal be granted so that another court may have sight of the report”.
He also reiterated his previously findings that stated “the report potentially discloses evidence of a substantial contravention of, or failure to comply with, the law and therefore the public interest supersedes the harm that may occur should the report be released”.
The Mail & Guardian’s lawyer, Dario Milo, has said the appeal “should have been refused as the state has no reasonable prospects of success”. He said it seemed likely that the matter would eventually end up in the Constitutional Court again, “by which time it will have been through five courts”.
COMMENTS
Bob’s obviously got “dirt” on Jake. Thats how he rolls!
It is unfortunate that after attaining independence through the sacrifice of the masses the liberation movements turn against the people and spend most of their time and the countries’ resources plotting to cheat the gullible masses most of whose chiladren die in the struggle with the hope that their parents and colleagues who survive would be liberated.It is a sad state of affairs in deed to see liberators conspiring against the people.Sad,sad,sad!
Zvichabuda chete. God is on our side. . It is only a matter of time.
what are they trying to hide? More filthy Zanu crimes? I recon we will see the Guinness Book record number or court granted appeals here. Start counting as they keep protecting this thug Mugabe
You mean what has Zuma got to hide – that is the burning question.
Release this report now. This report and its passage through multiple courts is of huge importance to all of southern Africa. There has to be an end to these court hearings. All courts have ruled that the report must be released. But they keep allowing the SA presidency to appeal. The principle of judicial integrity and independence is now at stake.
It must be one hell of a juicy document too, with all sorts of potential to embarrass both the South African and the Zimbabwean presidencies. If they conspired to defraud the Zimbabwean electorate, then let them be embarrassed. The SA courts can make a huge stride here in dismantling the culture of impunity that presidents like to arrogate for themselves.
I wonder if the dim witted sa president is aware that this indicates that there is something to hide and makes people more determined to have the contents exposed.We all know they are a band of thieving corrupt brothers that only have their own interests at heart.When will this change in africa?
You not convincing Mark. For instance I know who’s been thieving in Africa for a very long time. Not that they are happy with diminishing pickings as the natives demand an ever bigger slice. Gosh. Time to set up a yes men in place.
change the sa leader for someone who will release the report and be more transparent themselves.
Aluta continua
Yes, and Mugabe will not continua for much longa
The report is just a confirmation how evil Mugabe has been. However I question where SA government is protecting the report when it has nothing to do with SA elections. tax payer’s resources are being wasted to protect a maniac
The dictator is rulling by force no wonder why he got rid of Tongogara because he was not going to accept the current nonsence but there is one good thing about time it changes things and Bob’s time will be over soon
Zuma should be bold enough and produce the report. It is not about Mugabe. It’s about zimbabweans
In any decent country both these moronic leaders would be behind bars but in Africa they are presidents… can you frikkin believe it.!!
Pack of jackals watching each
others corruption ridden backs.
Very obvious what this report shows. Another stolen election.
Who so badly needs this document published anyway? To what end? It wont make difference, the MDC losses in subsequent elections should supersede any concerns. Such forays ultimately make ZANU PF look cleverer and more sensible than many other players. Somebody has to grow up.
Munkeee see, hear, munkee do I guess. That report that Zuma and Mugabe are trying to hide, exactly proves that the MDC never lost an election since day one. They are defecating in their pants over, it will prove once and for all that Mugabe is an interloper, pretender to the office and illegally elected – it WILL be published!
@Chivulamapoti. All depends on how you read the news. My point exactly So what if Zanu PF cheated? No, it will change nothing. It’s a worthless exercise. It’s what I call chasing shadows.
Mugabe got rid of Tongogara because at the Lancaster House Talks, Tongogara said that his army would support whichever party won the elections. Source – Dabengwa. F Hall, Chikurubi Maximum Security Prison circa September,1986.
That is why they African leaders do not want to subscribe to icc.
It’s called total lack of consciousness. Lack of human understanding. Lack of basic decency. Prehistoric.
Poor Mandela let down by blood soaked mbeki Zuma etc