Court bid to release Zim report
http://www.iol.co.za/
Zelda Venter
January 25 2010 at 11:35AM
The South African History Archive and the Southern African Centre for the Survivors of Torture will ask the Pretoria High Court to force the government to release an explosive report on post-election violence in
Zimbabwe.
The two bodies, with the support of the Southern African Litigation Centre, last week filed papers in court in which they ask that the presidency be compelled to release the contents of the report which is believed to have
been given to former president Thabo Mbeki.
In May 2008 Mbeki commissioned four retired SA generals to visit Zimbabwe and report back on the violence which erupted after the March 2008 presidential elections.
The generals, who include former army chief, Lieutenant General Gilbert Romano, Brigadier-General Ray Moerane and Lieutenant General Lambert Moloi – entered Zimbabwe on May 3, 2008 and returned for a second mission in June 2008. The exercise had at the time cost taxpayers more than R600 000 – yet no report had been forthcoming, neither written or oral, it was stated in court papers.
The History Archive requested the report from the government in terms of the Promotions of Access to Information Act. This request was turned down, with the presidency claiming that no such report existed. A subsequent internal appeal was also denied.
The presidency was again approached by the History Archive, which this time requested any of the supporting documents on the generals’ mission, including minutes of meetings of any debriefing which may have been taken place. This request was also denied and the presidency persisted that no such documents existed.
The court will now be asked to review all these refusals and to force the government to release documents relating to the generals’ report. No date had yet been set for the hearing.
Gabriella Razzano of the Freedom of Information Programme, stated in papers filed that Mbeki at the time instructed the generals to investigate and report to him on the 2008 Zimbabwe elections.
They were mandated to observe and report on the violence which occurred in the run-up to the elections so as to facilitate and assist the then president on his role as the Southern African Development Community mediator in the Zimbabwean situation.
Razzano said the report, among others, considered the post-election violence committed by the Zimbabwean government against opposition party members.
She said this report was important and of great public interest and importance as a historical record as to what occurred in that country.
While the government denied the existence of such a report, the applicants believe it does exist. Various sources pointed to the fact that such a report was compiled.
Keery Kay, secretary for welfare in the Movement for Democratic Change, stated that she had collected a large amount of data relating to human rights abuses in Zimbabwe, which she herself handed to the generals.
Meanwhile, the government still has to indicate whether it will oppose the application.