Cakwebe v Regional Commissioner :DCS (EL 423/2019) [2021] ZAECELLC 8 (25 March 2021)

Cakwebe v Regional Commissioner :DCS (EL 423/2019) [2021] ZAECELLC 8 (25 March 2021)

The court found that the applicant had complied with all procedural requirements under PAIA and that the respondent had failed to lawfully refuse the request on any statutory ground, including frivolity or vexatiousness. The respondent did not provide sufficient evidence to justify refusal under section 45 of PAIA, nor did it comply with the procedural requirements for such a refusal. The information provided to date was insufficient for the applicant’s stated purpose of verifying salary deductions, and the respondent was obliged to furnish the requested breakdown of payments. The court also noted that the applicant could have sought the information from the judgment creditor but this did...

Citation
[2021] ZAECELLC 8
Parties
Applicant: Linda Cakwebe; Respondent: Regional Commissioner: DCS
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
25 March 2021
Case Number
EL 423/2019
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; respondent ordered to provide the requested records. Each party to pay their own costs.
Judges
A. Govindjee
Legal Topics
Promotion of Access to Information Act, Salary Deductions, Emoluments Attachment Order, Statutory Duty to Account
Administrative Law Labour Law Promotion of Access to Information Act Salary Deductions Emoluments Attachment Order Statutory Duty to Account

Case Brief

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Parties

Linda Cakwebe

Applicant

Regional Commissioner: DCS

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent was obliged to provide the applicant with a full breakdown of payments made to the beneficiary under PAIA.
  2. 2 Whether the respondent's refusal to provide the requested information was lawful under the grounds of being frivolous or vexatious.
  3. 3 Whether the applicant complied with all procedural requirements under PAIA for access to information.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements under PAIA and that the respondent had failed to lawfully refuse the request on any statutory ground, including frivolity or vexatiousness. The respondent did not provide sufficient evidence to justify refusal under section 45 of PAIA, nor did it comply with the procedural requirements for such a refusal. The information provided to date was insufficient for the applicant’s stated purpose of verifying salary deductions, and the respondent was obliged to furnish the requested breakdown of payments. The court also noted that the applicant could have sought the information from the judgment creditor but this did...

Court Disposition

Application granted in part; respondent ordered to provide the requested records. Each party to pay their own costs.

Orders

  • The respondent is directed to forthwith furnish the applicant with the balance of the records, including the printout of all payments made to the beneficiary for the entire period involving the deductions in favour of Russell Inc with reference number 23216232017 within 15 days.
  • Each party should pay their own costs.