Quote of the week

Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.

Khampepe j
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
25 June 2013

Corruption Watch slams “Top Secret” Nkandla Report

Corruption Watch alarmed at State hiding behind a non-binding security policy 

Corruption Watch finds it particularly disturbing that a non-binding security policy is being used to classify the Nkandla upgrade report ‘top secret’ and therefore hiding its contents from the public.

Executive director, David Lewis commented: “given that this policy on classification is to be replaced by the Protection of State Information Bill, this cynical attempt to keep information of this sort secret reveals that true intentions of the Bill are to maintain secrecy over misconduct in the use of public funds rather than state security”.

The lack of transparency in the Nkandla homestead upgrade and the stance of the Department of Public Works (DPW) and State Security in using secrecy provisions contained in a policy document to justify non-disclosure was unacceptable, Lewis added.

Corruption Watch calls for immediate disclosure of all aspects of the Department of Public Works (DPW) report that legitimately fall outside of security provisions that are contained in existing enforceable legislation.

This call follows several request already made for Minister of Public Works, Thulas Nxesi, to explain why the entire DPW’S report into the upgrade of President Jacob Zuma’s Nkandla residence was declared classified. Corruption Watch has specifically called for disclosure of the names of the contractors engaged to perform upgrade work on Nkandla.

Lewis said the classification of the Department’s report as ‘Top Secret’ uses Minimum Information Security Standards (MISS), a policy which in any event only allows classification of a document as ‘top secret’ where disclosure of the information would ‘neutralise the objectives of the state’.

“How will disclosure of the contractors’ names, for example, have the potential to ‘neutralise the objectives of the state? Hiding this information is totally unacceptable and we will continue to challenge this decision,” added Lewis.

For further information:

David Lewis 082 567 3748

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