Kaale Moshe CC v Head of the Department: FS Government: Department of Education v Tikwana Comprehensive School (3862/2013) [2014] ZAFSHC 67 (15 May 2014)

Kaale Moshe CC v Head of the Department: FS Government: Department of Education v Tikwana Comprehensive School (3862/2013) [2014] ZAFSHC 67 (15 May 2014)

The court found that the applicant did not strictly comply with the procedural requirements of the Promotion of Access to Information Act by failing to approach the designated information officer, Mr Malope, and instead approached Mr Barnard, who was not authorised to provide the requested information. However, the applicant relied on the Promotion of Administrative Justice Act and sought condonation for any perceived non-compliance. The court noted that the first respondent did not allege non-compliance with section 5 of the Promotion of Administrative Justice Act. The only issue before the court was costs, as the substantive relief had already been provided. The court considered the...

Citation
[2014] ZAFSHC 67
Parties
Applicant: Kaale Moshe CC; Respondent: Head of the Department: FS Government: Department of Education; Respondent: Tikwana Comprehensive School
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 May 2014
Case Number
3862/2013
Procedural Posture
Civil Application / Costs Determination After Provision of Reasons
Outcome
Costs order determined; substantive relief already provided.
Judges
Kruger
Legal Topics
Promotion of Administrative Justice Act, Promotion of Access to Information Act, Costs Order, Tender Procedure
Administrative Law Civil Procedure Promotion of Administrative Justice Act Promotion of Access to Information Act Costs Order Tender Procedure

Case Brief

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Parties

Kaale Moshe CC

Applicant

Head of the Department: FS Government: Department of Education

Respondent

Tikwana Comprehensive School

Respondent

Procedural Posture

Civil Application / Costs Determination After Provision of Reasons

Legal Issues

  1. 1 Whether the applicant complied with the procedural requirements for requesting reasons under the Promotion of Administrative Justice Act and the Promotion of Access to Information Act.
  2. 2 Whether the applicant approached the correct official for the information sought.
  3. 3 Whether the first respondent's opposition to the costs order is justified.

Ratio Decidendi

The court found that the applicant did not strictly comply with the procedural requirements of the Promotion of Access to Information Act by failing to approach the designated information officer, Mr Malope, and instead approached Mr Barnard, who was not authorised to provide the requested information. However, the applicant relied on the Promotion of Administrative Justice Act and sought condonation for any perceived non-compliance. The court noted that the first respondent did not allege non-compliance with section 5 of the Promotion of Administrative Justice Act. The only issue before the court was costs, as the substantive relief had already been provided. The court considered the...

Court Disposition

Costs order determined; substantive relief already provided.

Orders

  • The first respondent is ordered to pay the costs of the application.