GROUNDUP COURT RULING: Judge makes U-turn on ‘confidential’ State Security Agency judgment

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The judgment, handed down on 5 October, followed an application by the Minister for State Security who claimed the document, titled ‘US interest in ANC party dynamics’, was classified as secret.

A Pretoria high court judge has apparently had a change of heart and this week made public a previously “confidential” judgment where she suppressed a newspaper report on a leaked State Security Agency document.

Later that month, the journalist sent WhatsApp messages to Brian Dube, spokesperson for Minister Kodwa, and others, including the spokesperson for the Presidency and the US consulate, also asking questions in relation to the report. Consequently, any unauthorised possession was unlawful and Makwakwa was not entitled to have it in his possession or publish or report on it, the minister argued. The minister said Makwakwa had already published an article on it, in spite of being aware of the interim interdict.

Judge Molefe said the report had been given to her at the hearing for her to determine if it could be described as “national security information”.

 

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