The Supreme Court of Appeal has upheld an appeal by Independent Media, IOL and journalist Thabo Makwakwa in the matter against the State Security Agency (SSA).
In October 2022, the North Gauteng High Court handed down an interdict to prevent the publishing of a ‘secret’ intelligence report on the alleged activities of the CIA in destabilising the ANC.
The report in question is entitled: “US INTEREST IN ANC PARTY DYNAMICS”, and was authored by US intelligence and shared with the SSA.
The SSA argued the report’s classification prevented its contents from becoming public knowledge due to the threats posed to State security and public safety, and that Makwakwa had obtained the report unlawfully.
In December 2021, the Daily News attempted to finally bring to light the involvement of the US government in working with certain prominent ANC leaders to drive the US interests within the ruling party.
But the SSA sought to block the publication, obtaining an interdict at the North Gauteng High Court in October 2022.
Independent Media, IOL and Makwakwa appealed the ruling, arguing that: (a) the classification of a document is not decisive; (b) the Minister (Ayanda Dlodlo) failed to discharge the onus resting on her; and (c) the Minister did not observe the requisite of good faith in the ex parte proceedings.
The SCA was scathing in addressing the State Security Agency’s case against the publication of the report saying: “The onus to establish that the report should not be in the public domain because of national security, rested on the Minister. This seems to have eluded the High Court, it approached the matter on the footing that the ‘classification [of the report as “secret”] stands until set aside’.
“This unwittingly shifted the onus to the appellants to establish why they should be allowed to publish a report that they have not been authorised to possess,” the judgment read.
The SCA ruled: “In all the circumstances, I conclude that the Minister had failed to discharge the onus to establish that national security would be implicated by the release of the report. On this basis, too, the appeal should succeed.”
READ THE FULL SUPREME COURT OF APPEAL JUDGMENT HERE
IOL