#SAHAvsSARB Appeal has the chance of setting a precedence that could shake, or at least tremor, access to information laws in South Africa and the general practice when it comes to cost orders in litigation against State/Public bodies. #FreeApartheidSecrets

1/2 Justice Cachalia: PAIA request is about contraventions of the law, why is something like a newspaper clipping is of interest to SAHA?

2/2 Adv Budlender responds that documents were gathered by SARB for an investigation, and according to PAIA if it is in the public interest it should be disclosed as it pertains to apartheid Era crimes.

Justices: PAIA request was unhappily worded. Then was misinterpreted by SARB given the ambiguity.

Counsel for the SARB argues on the issue of non-joinder. Citing various cases and sections from PAIA and its Rules of Procedure to argue non-joinder of other parties fatal to SAHA's case. #SAHAvSARB

Counsel for SARB argues issue of wording of the PAIA Request; submits that the content of the SARB investigation didn't concern fraud, smuggling as formulated by the PAIA request and as such necessitated refusal. #SAHAvSARB

Justice puts it to the Adv. for SARB that the affidavits submitted in response to the appeal contradict each other. #SAHAvSARB

Adv. for SARB engages in a verbal ping-pong match between the justices. They inquire as to contradictions of affidavits, public interest concerns, and merits of possible significant fraud. #SAHAvSARB

BREAKING: South Africa's economy enters recession

However, SAHA has already stated that it would be willing, under supervision, to go through and sort the records and retrieve them. This is so that they can be released to the public, whose right it is to know this information. #FreeApartheidSecrets

Adv. Maritz on arguing that Biowatch is not applicable to this matter. He argues SAHA did not raise the Biowatch principle. The Court promptly corrected this mistaken or misguided argument. #SAHAvSARB

SAHA Adv. Budlender submits that joinder was impossible given that the Appellant does not know 3rd part details and the burden was on SARB to notify 3rd parties or affected parties. SAHAvsSARB

Court adjourns the matter for judgement. #SAHAvSARB

Judgment Reserved #SAHAvSARB

[ON AIR] Apartheid-Era Crimes: SAHA case against the SA Reserve Bank importantly centers questions related to the unfinished business of justice for apartheid-era economic crimes. Geraldine Frieslaar - Director SAHA #SAfmTalkingPoint #FreeApartheidSecrets #SABCNews

SAHA - South African History Archive - Unpacking the Declaration of a National Disaster saha.org.za/news/2020/Marc… via SAHA

Take part in the African Heritage highway by sharing your heritage: songs, izithakazelo, traditional clothing, hair styles, recipes, dances, traditional stories or anything unique to your culture. Narrate your own story by using the hashtag #HackUrCulture from 17-24 Sept.