"The ANC was accordingly shocked and dismayed when Judge [Bennie] Griesel proceeded to attach a copy of the internal ANC report to his judgment --instead of ordering the ANC to make it available to Independent Newspapers," party spokesman Jackson Mthembu said on Wednesday.

"It is with great respect that we voice our serious concern and disappointment with the approach taken by Judge Griesel in this matter."

Griesel made the order after an application in terms of the Promotion of Access to Information Act by the Independent Newspapers group and Cape Argus editor Gasant Abader last year to get the report.

Mthembu said the party had "in accordance with its commitment to the rule of law" and in the good faith that the report would be seen and used by the judge only for the purposes outlined, complied with the order and provided Griesel with a copy.

"By attaching the report to his judgement Judge Griesel has effectively deprived the ANC of its constitutional and legal rights to appeal against his judgement."

The correct approach would have been to order the ANC to make the report available to the applicants, Mthembu said. He said this would have afforded the ANC the opportunity to exercise its right to appeal in this sensitive and complex matter.

"The disclosure by a judge to an applicant, and the public at large, of a document furnished to the court pursuant to the provisions of the Promotion of Access to Information Act for the purposes of so-called 'judicial peeking' is an unprecedented step for which we can find no legal basis or justifiable reason," Mthembu said.

"We believe that this is gravely prejudicial to a party contesting the disclosure of the document."

The ANC's investigation and report followed rumours that Rasool had indirectly used public funds to pay two journalists to write stories favourable to him, while rubbishing his opponents in the Western Cape ANC.

The ANC investigation is believed to have led to Rasool's ousting from his position in 2008. He has since been appointed South Africa's ambassador to Washington DC.

Late last year, Griesel ordered the ANC to give the court a full copy the report so he could examine it.

In its court papers, Independent Newspapers invoked the right of freedom to impart and transmit information and the right to protect its reputation from allegations it had covered up the full extent of the scandal.

The ANC initially refused to give Independent Newspapers the report, which was compiled by ANC member and Deputy Justice Minister Andries Nel. The party argued the report belonged to a private organisation and that the information had been obtained on condition of confidentiality.

The court found the newspaper group was entitled to investigate the matter as far as the issue affected its reputation.

It became known as the "brown envelope" scandal because of how the money was handed to the journalists.

"The ANC believes that this matter raises important legal and constitutional principles regarding the right to privacy and access to information," Mthembu said.

"The ANC will be applying for leave to appeal against this judgment in an attempt to correct what is, we believe, a fundamentally flawed approach."

Abader said on Monday the report corroborated what the newspaper had encountered in its own investigation into the issue.

He said it was important for the group to have pursued the matter through the courts.

"It was important for us to go this route so that we could guarantee the free flow of information," he said.

"Former Argus journalists were implicated in this report. The report also mentioned a former premier of the Western Cape. That gives it compelling public interest."