Brown Envelope Judgment Causes Further Controversy

On 6 February 2012, the Cape High Court ruled in favour of an application by the Cape Argus newspaper in terms of the Promotion of Access to Information Act (PAIA) for a copy of the so-called Nel Report.

The report emanated from an internal ANC inquiry which was convened following allegations that the former Premier of the Western Cape, Ebrahim Rasool, had indirectly used public funds to influence two journalists to write stories favourable to him, while rubbishing his opponents.

Judge Griesel ruled in the newspaper's favour last year, finding that the newspaper had made a compelling case for a copy of the report, but asked to take a "judicial peek" at the report to satisfy himself that it did not contain additional information the newspaper was not entitled to.