The Constitutional Court reserved judgement on Wednesday on an application by senior editors of Independent Newspapers to access restricted documents relating to former intelligence boss Billy Masetlha.
Lawyers for Intelligence Minister Ronnie Kasrils argued that allowing this would compromise the intelligence services.
”If you bring into the net of the intelligence services lawyers, advocates and now even editors … that is a very, very dangerous practice,” said David Unterhalter.
Independent Newspapers wants access to restricted parts of the documents relating to Masetlha’s dismissal by President Thabo Mbeki to determine whether it can challenge the restrictions that Kasrils has placed on them.
The documents include Masetlha’s in-camera affidavit, an 11-page report by the inspector general of intelligence as well as a letter from Masetlha to Intelligence Minister Ronnie Kasrils.
”We are seeking information to enable us to determine whether or not the minister’s claims to classification [of parts of the documents as restricted] are potentially spurious,” said lawyers representing Independent Newspapers.
Earlier, Judge Dikgang Moseneke asked whether the efforts to obtain access to the documents did not amount to a ”fishing expedition”. He expressed concern that the case would ”open the door to wholesale litigation around classification”.
Lawyers for the minister said the case had no legal precedence. ”We can find no case … in which lawyers and their clients are given access to classified information for the purpose of making their case,” said David Unterhalter. — Sapa