The Supreme Court of Appeal (SCA), in a landmark ruling delivered on Friday, mandated the unsealing of a controversial State Security Agency report, previously shrouded in secrecy.
SCA overturns Gauteng High Court ruling on State Security Agency report
This report allegedly details the United States’ involvement in the internal politics of South Africa’s ruling party.
The ruling overturns an earlier decision by the Gauteng High Court, which had barred the publication of this sensitive document, sparking debates on press freedom and state security.
The heart of the matter dates back to when the Gauteng High Court granted an interim interdict preventing journalists from publishing contents of the State Security Agency report.
The report centres on the United States’ alleged surveillance and interest in the internal politics of the African National Congress (ANC), South Africa’s ruling party.
The key points from the report include:
- Purpose of the Report: The document was intended to inform the Minister of State Security about the extent of the US’s interest in the ANC’s political dynamics, particularly focusing on the developments around the then-ANC Secretary-General Ace Magashule and his positioning against President Cyril Ramaphosa.
- Methodology of Information Collection: The report notes that the US collected its intelligence primarily through its embassy in Pretoria, which coordinates the US Mission in South Africa, including consulates in Johannesburg, Durban, and Cape Town.
- Findings on Political Dynamics: It highlights the US’s findings on the reported factional battles within the ANC. These findings were drawn from a network of contacts within the ANC, with conclusions pointing to the support for the former ANC Secretary-General by certain factions within the ANC Youth League in the Free State, efforts to lobby other provinces, and coordination by unidentified business people.
- Analysis and Projections: The document details how the US Mission views the ANC’s internal dynamics as indicative of the broader political climate, noting a close cooperation between the USA’s diplomatic and intelligence communities in South Africa. It mentions successful efforts by the US to establish a comprehensive network of contacts among political parties, including the ANC, IFP, EFF, and DA.
- Recommendations: The report suggests that the South African government should be aware of the vulnerabilities within the ANC and take steps accordingly. It calls for legislation aimed at protecting state information to neutralise unauthorised access by foreign agents.
What does this victory for Independent Media mean?
For Independent Media, the appellants in this case, and the broader journalistic community, the SCA’s ruling is a significant triumph.
It not only reinforces the media’s role as a watchdog in society but also sets a precedent for future cases where the publication of sensitive information is contested.
Based on the ruling by the SCA, Independent Media has been granted the legal clearance to publish the report.
The SCA’s decision to overturn the Gauteng High Court’s earlier ruling, which had prevented the publication of the State Security Agency report, effectively removes the legal barrier that had been imposed on Independent Media regarding this specific report.