Legal experts debate Ramaphosa case

One legal expert warns the Public Protector and her office could face a criminal probe if it is found Ramaphosa's bank statements were illegally obtained. Courtesy of #DSTV403

JOHANNESBURG - One legal expert warns the Public Protector and her office could face a criminal probe if it is found President Cyril Ramaphosa's bank statements were illegally obtained.

READ: Ramaphosa-Mkhwebane court battle to continue

Over the weekend, the Presidency confirmed that confidential banking information about contributors to and recipients from Ramaphosa's CR17 campaign had been leaked to the media.

The Presidency claims records were illegally obtained, which contravenes privacy rights.

Legal expert, Richard Hemaly said, "we're waiting to find out how she obtained the documents, but it will open to criminal liability as well as civil liability, the president might take her on as well as banks in a civil suit."

Another expert speculated the president might have to prove he complied with the Electoral Act during his campaign.

READ: Presidency questions alleged leaking of financial information

Ulrich Roux said it is a constitutional right for all donors to have their identity hidden if they want.

Roux questioned, "did the president comply with the electoral act in his campaign…does the electoral act <have to be> enforced in an internal party campaign?

"It does say all funding must be disclosed, that's where he could be in trouble somewhat.

"If the people are satisfied, if it was done lawfully there is nothing to act.

"There is a right that when a person donates they can have their identity safeguarded and secret...that's what he's basing his argument in, there was no lawfulness in disclosing their identity in court papers when their right to privacy was infringed upon."

Source
eNCA