The ANC is opposing an application lodged by the Cape Argus to compel the party to hand over documents in its possession that relate to the “brown envelope” journalism scandal.
The “brown envelope” saga relates to an allegation made in an affidavit by former Cape Argus journalist Ashley Smith that he and former colleague Joseph Aranes had been paid by then ANC office-bearers in the Western Cape administration, under former premier Ebrahim Rasool, to write articles designed to promote the “Rasool faction” in the party’s regional branch.
Between 2004 and 2009, there were two factions within the Western Cape ANC, one which supported Rasool’s leadership and a second which supported the leadership of Mcebisi Skwatsha.
In terms of a Western Cape High Court order granted yesterday, the ANC has to file its opposing papers by August 19 and the matter is expected to be heard in November.
The Cape Argus, under the umbrella of Independent Newspapers, reported last week that it had lodged the application in terms of the Promotion of Access to Information Act (Paia) last month after the party ignored an application made directly to it, in terms of Paia.
The initial Paia application was made in August by senior reporter John Yeld, one of the Cape Argus team that has investigated and reported on the scandal, but no response was received from the ANC.
“The ANC is deemed by the act to have refused my request,” Yeld said in an affidavit forming part of the court application. An appeal was lodged on September 27, but still no response was received.
According to Yeld, he has been advised that he may have relied on the incorrect part of the Paia because the ANC may have contended that it had acted as a private body and not a public one. He made another Paia application to the political party in March – this time in terms of a different part of the act. However, the ANC did not respond to that application either, prompting the Cape Argus to approach the High Court for relief.
Among the documents sought by the Cape Argus is a report on the ANC’s internal inquiry into the “brown envelopes” saga, which was headed by Deputy Justice Minister Andries Nel.
In addition, the Cape Argus is seeking a report by Western Cape ANC members which explains why Rasool had resigned. The report was sent to the party’s head office.
Yeld argued in his affidavit that the public interest in the matter was “considerable”.
“The public interest concerns the reasons for which Rasool no longer is premier. It also concerns how the ANC, as governing party, acted or failed to act upon the information,” he said.
In addition, he submitted that Independent Newspapers required the information to continue to investigate a story that is topical and in the public interest.
“Independent Newspapers’ reputation requires that it leaves no stone unturned in investigating every aspect of the serious allegations made against journalists employed by it… Independent Newspapers may have to act internally upon the information if it reveals knowledge of employees who have not been disciplined, or a necessity to alter the systems that monitor, or codes that apply to, journalists employed by Independent Newspapers,” he said.
Attached to the application is a July 2010 ANC discussion document on the media, in which the party says that the media needs to contribute to the building of a new society and be accountable for its actions.
It said a cursory scan on the media revealed an “astonishing degree of dishonesty, lack of professional integrity and lack of independence”.
The document further stated that the party had “a responsibility to assist the media’s need to shape up”. The court application has been set for November 10.
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