The new public protector says she will leave the dispute over the state capture report prepared by h.
The Freedom of Expression Institute (FXI) will appear in the Constitutional Court today in the case of Independent Newspapers versus the Minister of Intelligence Services.
The institute, appearing as a friend of the Constitutional Court, said yesterday it would argue that Intelligence Minister Ronnie Kasrils did not follow proper procedure when trying to withhold certain documents from the public.
The documents, which Independent Newspapers wanted access to, formed part of the Constitutional Court record in the case between former National Intelligence Authority head Billy Masetlha and President Thabo Mbeki.
"The Minister of Intelligence has objected to the disclosure of the documents, saying the materials are classified and should be withheld on grounds of national security," said the FXI in a statement.
The institute said it believed court records, as a rule, should be unclassified in their totality.
"Our contention is that once such documents are part of court records, the minister would have to apply to court to have those court records (or the contentious parts of them) declared classified.
"If the minister could decide that parts of court records are classified without having to apply to the court to do so, the public's right to know and the principle of open justice will also be eroded." - Sapa