Dear Chief Justice Maya

ATT @OCJ_RSA
 

To: The Honorable Chief Justice Mandisa Maya
Office of the Chief Justice
Republic of South Africa

Subject: Request for Judicial Intervention and Review of the Unconstitutional Sealing of the CR17 Bank Statements

Dear Chief Justice Maya,

I hope this message finds you in perfect health and strength as you continue to guide our judiciary with integrity and fairness.

I write to you on behalf of millions of South Africans who remain deeply concerned about the continued sealing of the CR17 campaign bank statements , an act that, in our respectful view, stands contrary to the principles of openness, accountability, and the rule of law enshrined in our Constitution.

Section 165(1) of the Constitution of the Republic of South Africa, 1996 vests judicial authority in the courts, requiring them to uphold constitutional supremacy and safeguard public confidence in the administration of justice. Section 165(4) further mandates organs of state to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility, and effectiveness.

Section 173 of the Constitution empowers the superior courts to protect and regulate their own process and to develop the common law, taking into account the interests of justice. Similarly, Section 8 of the Superior Courts Act 10 of 2013 obliges the Chief Justice to ensure that the administration of justice conforms to the norms and standards of openness and accessibility.

It is our respectful submission that the sealing of the CR17 bank statements — effected through an administrative letter signed by then Deputy Judge President Aubrey Ledwaba — was neither based on judicial proceedings nor on a court order issued in accordance with the Uniform Rules of Court, Rule 62(7), or any lawful provision allowing blanket secrecy over public-interest documents.

The open-justice principle, affirmed by the Constitutional Court in Independent Newspapers (Pty) Ltd v Minister for Intelligence Services 2008 (5) SA 31 (CC), establishes that court documents should be accessible to the public unless exceptional circumstances justify confidentiality. No such exceptional grounds have been established in this matter.

In light of the above, we therefore call upon your esteemed office  as the administrative head of the judiciary  to urgently:

1. Review the legality of the administrative act that resulted in the sealing of the CR17 records;

2. Ensure that the principles of transparency, fairness, and legality as required by Section 1(c) (the rule of law) and Section 34 (the right to a public hearing) of the Constitution are upheld; and

3. Facilitate, where appropriate, the unsealing of these records in accordance with the public’s constitutional right of access to information as set out in Section 32 of the Constitution and the Promotion of Access to Information Act 2 of 2000 (PAIA).

It took a mere letter to conceal the truth from the public; this letter ,  representing millions of South Africans ,now serves to restore the public’s faith in justice. We trust that your leadership will ensure that our judiciary remains a beacon of constitutional accountability.

With the highest respect and faith in the courts of our Republic,

Yours sincerely,
On behalf South Africans