OP-ED: Legal view: The CR17 campaign and the President’s right to privacy

I have discouraged my children from conducting business with government or with any state-owned entity. I have told them that if I become aware of any illegality of corruption in their business activities, I will be the first to report them to the authorities.’President Ramaphosa in Parliament in November 2018, answering a question from the Leader of the Opposition.

From her investigations into allegations of an improper relationship between the President and Bosasa, now African Global Operations, the public protector said she found evidence that indicated that some of the money collected through the CR17 campaign was paid to the Cyril Ramaphosa Foundation and other beneficiaries.

The burning question is whether divulging of information by the public protector in the present case would be regarded as protected information, the public disclosure of which is prohibited. The code also requires the declaration of the source and description of direct financial sponsorship or assistance from non-party sources and the value of same.

The President is the first citizen of the country. He is the head of the Executive and the head of our armed forces. All executive actions are taken in his name and all treaties and international agreements are carried out in his name and all diplomatic relations are maintained in his name. It seems the President can show that he enjoys protection under data privacy laws in his personal capacity. It appears that he may also be able to demonstrate that his right to privacy has been violated by the very office of an official that is supposed to be upholding the law.

Accordingly, any sharing of information by the public protector would be regulated by Popia, and the party receiving the information must comply with the safeguards built into Popia. This is to ensure that no third-party data subject’s rights are infringed. Whistle-blowers on the other hand release information that shows wrongdoing designed to withdraw authority from both the source and the information. The motivation for disclosures made by a whistle-blower must in all instances be the fact their disclosures were made to serve the public interest rather than fuel political gossip.

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