THE Supreme Court of Appeal (SCA) has reserved judgment in the appeal of Local Government MEC Mlibo Qoboshiyane against an order by the Port Elizabeth High Court that he must hand over the controversial Kabuso forensic report to The Herald and its sister paper, the Weekend Post.
The appeal was heard by the deputy president of the court, Kenneth Mthiyane, judges of appeal Ronnie Bosielo, Eric Leach, Malcolm Wallis and acting judge of appeal Clive Plasket.
It was the first time that the SCA was asked to judge a ruling on the law that public interest should override other reasons to refuse access to information.
In this case, Qoboshiyane claimed that the release of the report was premature and bound to harm the statutory investigation he had ordered into the affairs of the municipality.
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