The CR17 campaign saw President Cyril Ramaphosa elected president of the ANC in December 2017.
The bank statements — detailing the transfers of millions of rand in donations into and between various bank accounts associated with the CR17 campaign — were handed in to court by public protector Busisiwe Mkhwebane when Ramaphosa challenged the lawfulness of her now infamous CR17 report, which found that Ramaphosa had misled parliament about one of the donations to the campaign, had breached the executive ethics code and even directed an investigation for money laundering.
In the review case, Ramaphosa’s lawyers asked for these to be sealed and deputy judge president Aubrey Ledwaba agreed, with the proviso that anyone with an objection may raise this “in court”. No-one did so during the main review application. But later, the EFF brought a separate case to unseal the bank statements.The party has now applied for leave to appeal to the Supreme Court of Appeal.
The application said that once a review of a decisionmaker was launched in court, the rules of court require that the documents relied on by the decisionmaker, or the Rule 53 record, “in its entirety becomes disclosable”. The right position, said the EFF, was that the president should have justified why the documents should have been sealed.
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