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ConCourt ‘censors’ documents in e-mail case

Publish date: 15 May 2007
Issue Number: 1824
Diary: Legalbrief Today
Category: Corruption

The Constitutional Court yesterday released an abridged record of the proceedings in the appeal by ex-National Intelligence Agency Director-General Billy Masetlha against his dismissal.

The record was released minus pages 114 to 175, or the whole of an affidavit made in camera by Masetlha. Also not publicly disclosed were pages 198 to 209 and 330 to 341, or the whole of a report by the Inspector-General of intelligence (IGI) on the legality of a surveillance operation, says a report on the IoL site. Intelligence Minister Ronnie Kasrils and President Thabo Mbeki objected to the public disclosure of the documents after an interim ruling on Thursday that the entire record be made public by noon yesterday. Independent Newspapers, which brought an application on Thursday for access to the record, had not filed an application opposing the objection by the time the record became public at noon yesterday. However, initial indications were that it might do so at a later date and was consulting with lawyers to this end. Full report on IoL site

In their objection, Kasrils and Mbeki contended that Masetlha’s in camera affidavit had ‘never been made public’. They submitted that it contained ‘classified information’ relating to NIA investigations into subversive activities, and confidential information about Cabinet discussions on intelligence, particularly activities of a third force and the Boeremag, according to a report on the Sunday Times site. This information also related to past and present NIA operations, counter-intelligence operations, and the names and sources of intelligence. Objecting to the disclosure of the IGI report, Kasrils and Mbeki contended that it was made available to Masetlha when he was still privy to classified information. ‘The document is presently classified ’secret’ subject to the Protection of Information Act,’ they submitted. Full report on Sunday Times site

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