The EFF has applied to appeal against the court order that refused public access to the CR17 bank records, saying the order “endorsed secrecy”, whereas open justice has been the position of the courts all along.
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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