The Gauteng provincial government (GPG) has rejected a request from the Democratic Alliance (DA) for access to 177 forensic reports dating from 2016 to the present.
The ruling emphasises how difficult it is for the public and government to strike a balance between privacy, transparency, and due process.
The DA requested information about investigations conducted by the provincial government under the Promotion of Access to Information Act (PAIA).
The goal of the request was to guarantee increased accountability and openness in government operations.
Last month, the DA's leader in the Gauteng Legislature Solly Msimanga formally applied to the Gauteng Provincial Government's Director-General, Edward Mosuwe.
After reviewing the request, Mosuwe — who is also the Information Officer — decided that the forensic reports ought to be kept confidential.
His choice was motivated by worries about privacy and the integrity of ongoing investigations as a process.
If made public, the reports' sensitive personal data on the participants and service providers could be jeopardised, he claimed.
Mosuwe underlined the significance of following the standards for authorised data processing by the Protection of Personal Information Act (POPIA).
He stated that making the information public too soon might infringe on the privacy rights of those included in the reports and jeopardise existing legal proceedings.
Mosuwe added that a large number of these reports were either pending litigation or were in varying levels of implementation.
“This decision was influenced by the need to reduce the likelihood of privacy violations, respect for due process, and deference to the fundamental principles of fairness and information self-determination,” he said.
However, the GPG highlighted in its statement that it has made available all final investigative reports referred to Chapter Nine institutions such as the Special Investigating Unit (SIU), National Prosecuting Authority (NPA), and the Public Protector (PP).
These included reports on Anglo Ashanti, Tembisa Hospital, and the Driving License Testing Centres (DLTCs), among others.
“I wish to reiterate that while we are committed to making these reports public, we must always follow due process, which includes ensuring that the rights of the accused are not infringed,” Mosuwe said.
He further added that they were collaborating with key state institutions to develop a more strategic approach for consolidating and releasing forensic investigation findings conducted internally.
IOL has approached the DA for its reaction, and this will be added once received.
Meanwhile, the DA has previously accused Gauteng Premier Panyaza Lesufi of corruption and also withholding forensic reports that allegedly showed corruption and poor management at the Department of Social Development (DSD).
But Lesufi has hit back at them, saying they are pushing an agenda against him and make it look like he was corrupt.
“Try harder,” he said.
IOL Politics