Fortuin v Cobra Promotions CC (1658/09) [2010] ZAECPEHC 40; 2010 (5) SA 288 (ECP) ; [2011] 2 All SA 225 (ECP) (17 June 2010)

Fortuin v Cobra Promotions CC (1658/09) [2010] ZAECPEHC 40; 2010 (5) SA 288 (ECP) ; [2011] 2 All SA 225 (ECP) (17 June 2010)

The court found that, although the applicant's formal request for information under the Promotion of Access to Information Act was incomplete in certain respects, the preceding correspondence between the parties made it clear to the respondent what rights the applicant sought to exercise and why the information was required. The court held that strict compliance with the procedural requirements of the Act is not necessary where substantial compliance is evident and the respondent is aware of the relevant facts. The information requested was reasonably required for the applicant to determine the value of his alleged member's interest and to decide on appropriate legal action. The...

Citation
[2010] ZAECPEHC 40
Parties
Applicant: Moses Fortuin; Respondent: Cobra Promotions CC
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 June 2010
Case Number
1658/09
Procedural Posture
Review Application / Application for Access to Information Under PAIA
Outcome
Application granted. The respondent is ordered to make the requested documents available for inspection and to pay the costs of the application.
Judges
J G Grogan
Legal Topics
Promotion of Access to Information Act, Close Corporations Act, Substantial Compliance, Right to Information, Member Rights, Procedural Requirements
Administrative Law Commercial and Corporate Promotion of Access to Information Act Close Corporations Act Substantial Compliance Right to Information Member Rights Procedural Requirements

Case Brief

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Parties

Moses Fortuin

Applicant

Cobra Promotions CC

Respondent

Procedural Posture

Review Application / Application for Access to Information Under PAIA

Legal Issues

  1. 1 Whether the applicant substantially complied with the procedural requirements of the Promotion of Access to Information Act for requesting information from a private body.
  2. 2 Whether the requested information is reasonably required for the exercise or protection of the applicant's rights as a purported member of the respondent close corporation.
  3. 3 Whether the respondent was entitled to refuse disclosure based on alleged procedural defects in the request form.

Ratio Decidendi

The court found that, although the applicant's formal request for information under the Promotion of Access to Information Act was incomplete in certain respects, the preceding correspondence between the parties made it clear to the respondent what rights the applicant sought to exercise and why the information was required. The court held that strict compliance with the procedural requirements of the Act is not necessary where substantial compliance is evident and the respondent is aware of the relevant facts. The information requested was reasonably required for the applicant to determine the value of his alleged member's interest and to decide on appropriate legal action. The...

Court Disposition

Application granted. The respondent is ordered to make the requested documents available for inspection and to pay the costs of the application.

Orders

  • The respondent is directed to make available for inspection by the applicant or his legal representative copies of its balance sheet from inception to date, income and expenditure statements from inception to date, asset register as of the date of registration including all amendments to date, all VAT returns...
  • The above documents shall be made available within six weeks of the date of this order.