By Johnathan Paoli
The Gauteng government has declined a request from the Democratic Alliance for access to 177 forensic reports spanning from 2016 to date, underscoring a balance between transparency, privacy and due process.
The DA’s request, filed under the Promotion of Access to Information Act (PAIA), was aimed at obtaining transparency in various investigations conducted by the provincial government.
DA Gauteng caucus leader Solly Msimanga submitted the request to director-general Edward Mosuwe last month.
Mosuwe, who also serves as the information officer, reviewed the request and ultimately decided to withhold the forensic reports.
His primary reasons related to privacy and the procedural integrity of ongoing investigations, as the forensic reports contaiedn personal and sensitive information about service providers and individuals involved in the investigations.
The PAIA promotes responsible handling of personal information, and Mosuwe stressed the importance of complying with lawful data processing requirements.
He argued that disclosing such information prematurely could infringe on the privacy rights of those named in the reports and possibly jeopardise legal processes still in progress.
Additionally, Mosuwe pointed out that many of these reports were #in various stages of implementation or under litigation.
“The reports contain recommendations that criminal inquiries be instituted, lifestyle audits conducted, and disciplinary actions taken against certain individuals. Impulsively disclosing these intended steps could jeopardise the effectiveness of these processes,” he said.
The provincial executive highlighted its ongoing cooperation with Chapter Nine institutions such as the Special Investigating Unit, the National Prosecuting Authority and the Public Protector.
Provincial spokesperson Vuyo Mhaga said these institutions have been granted access to all finalised investigative reports, including high-profile cases involving Anglo Ashanti, Tembisa Hospital and driving licence testing centres.
He said this collaboration aimed to ensure thorough, effective investigations that held implicated parties accountable while respecting due process.
And in order to promote transparency, the Gauteng government was working on a strategic approach for consolidating and releasing findings from the forensic investigations.
According to Mosuwe, the administration plans to include key investigation outcomes in its upcoming Biannual State of Ethics Report, scheduled for release by the Gauteng Ethics Advisory Council.
“While we are committed to making these reports public, we must always follow due process, which includes ensuring that the rights of the accused are not infringed,” Mosuwe said.
He emphasised that a coordinated release strategy would provide transparency while safeguarding sensitive information and ongoing legal efforts.
The DA has previously voiced frustration over the provincial government’s refusal to grant full access to the reports, with Msimanga arguing that denying access impedes oversight and public scrutiny, especially given the scale and significance of these investigations.
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