Judge Orders Transcripts to Be Turned Over
Confidentiality of personal statements to be withheld from transcript
The ruling came from Judge Rami Mathopo, and followed the application by the Democratic Alliance. The party asked to overturn a 2009 decision by the acting National Prosecuting Authority head Mokotedi Mpshe, and was asked to withdraw both the fraud and corruption charges that were levied against President Jacob Zuma.
Last March, the NPA was told by the Supreme Court of Appeal that they must lodge the record, but the NPA refused to do so. It claimed that the information within the article contained confidential information regarding Zuma.
Mathopo ordered Jiba to comply with the SCA and noted that the record would be included with a copy of the transcript of electronic recordings regarding his announcement to withdraw charges levied against Zuma. A memoranda, reports, or the minutes of the meeting must also be added to the record. Else the transcript itself must be added, as long as the content does not breach confidentiality of Zuma's written or otherwise stated representations.
The DA's attorney has thus been ordered to not disclose to any party, including the DA itself, any part of the document that was made confidential, in order to keep anonymity of statements. At any point, if the DA disputes any such claim of confidentiality and the parties are unable to resolve the conflict, a judge will have to rule on the issues individually.
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