UNEXPLAINED ‘RECALL’ OF DECLASSIFIED CABINET MINUTES
11 October 2018
To: Deputy Chief Justice Raymond Zondo, Chairperson
Commission of Inquiry into Allegations of State Capture
Hillside House
3rd Floor, 17 Empire Road
Parktown, Johannesburg
2193 Gauteng
South Africa
Tel: 010 214 0651
Mobile: 079 975 2849
E-mail: mbuyiselos@commissionsc.org.za
UNEXPLAINED ‘RECALL’ OF DECLASSIFIED CABINET MINUTES
We write this letter in order to contend with communication from the State Capture Commission of Inquiry to the effect that declassified Cabinet records pertaining to the testimony of Finance Minister, Mr Nhlanhla Nene, were released to the media and then recalled without explanation and that there are journalists who have been asked to delete any conversations and communication such as social media posts like Twitter containing such documents.
On 3 October 2018, Rev. Mbuyiselo Stemela on behalf of the Commission emailed declassified Cabinet minutes which formed part of Mr Nene’s testimony to journalists. On 4 October 2018, Rev. Stemela wrote an “Urgent Recall”, stating “I would like to urgently recall the declassified document sent to you yesterday. Yes the information was in public domain, but we have since learned that we are not allowed to distribute.” Rev. Stemela further requested that “you don’t publish or snapshot the letter, but you can write stories as the document was referred to at the Commission’s public hearings.”
These developments are deeply disturbing and have grave implications for the Commission’s transparency and public’s ability to participate meaningfully in the work of the Commission.
First, we believe the decision to recall the documents in question is undemocratic! In terms of the Constitutional values of transparency, responsiveness, accountability, we believe that those documents should continue to be in the public so that all people can study them, read them and use them to hold the government accountable. The mere existence of the State Capture Commission of Inquiry does not expunge individuals’ democratic obligations to hold their elected officials and the government as a whole accountable.
Secondly, the decision to recall is irrational! The documents that have been recalled pertain to testimony that was delivered in public and was captured on video and is still publicly available on the internet. There have been media reports that have efficaciously offered analysis and synopsis of the contents of the documents. Furthermore, the documents have been declassified, indicating that the Presidency itself did not find any justifiable reason that the contents were legitimately sensitive or confidential.
Thirdly, the decision is legally wanting! No justification was offered as to why in law the documents could reasonably be kept in secret, and the ‘recall’ was not the subject of any written decision that is available to the public. Secondly, since the documents pose no threat to our democratic dispensation; they are already in the public eye, albeit in a different format through analysis and synopsis; the decision to recall violates, unjustifiably, people’s rights to access to information which people need in order to hold officials and the government accountable.
This incident also underscores the need for the Commission to have a clear ruling and consistent practice on public access to declassified records that are before it.
We call on the Commission to make these documents publicly available urgently.
Sincerely Yours
Mluleki Marongo
Right of Access to Information Organiser
The Right2Know Campaign
5th floor, Heerengracht Building
87 De Korte Street
Braamfontein
Johannesburg
200
Tell: 0113391533 – 078 105 8802
E-mail: mluleki@r2k.org.za / mlulekimarongo77@gmail.com / gauteng@r2k.org.za
