Linda Cakwere v Regional Commissioner: DCS (EL 423/2019) [2021] ZAECELLC 9 (25 March 2021)

Linda Cakwere v Regional Commissioner: DCS (EL 423/2019) [2021] ZAECELLC 9 (25 March 2021)

The court found that the applicant had complied with all procedural requirements under PAIA and that the respondent failed to provide a lawful ground for refusal. The respondent did not explicitly rely on the defence that the records do not exist, nor did the information officer indicate that the refusal was based on the request being frivolous or vexatious as required by section 45 of PAIA. The deemed refusal under section 27 was not accompanied by any valid statutory ground. The information provided by the respondent was insufficient for the applicant to ascertain whether excessive deductions had occurred. The court held that the applicant was entitled to access the full records...

Citation
[2021] ZAECELLC 9
Parties
Applicant: Linda Cakwere; 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 furnish the applicant with the balance of the requested records within 15 days. Each party to pay their own costs.
Judges
A. Govindjee
Legal Topics
Promotion of Access to Information Act, Emoluments Attachment Order, Salary Deductions, Statutory Duty to Account
Administrative Law Civil Procedure Promotion of Access to Information Act Emoluments Attachment Order Salary Deductions Statutory Duty to Account

Case Brief

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Parties

Linda Cakwere

Applicant

Regional Commissioner: DCS

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to access the requested records under PAIA.
  2. 2 Whether the respondent's refusal was justified on the grounds of frivolous or vexatious request.
  3. 3 Whether the respondent complied with statutory requirements for refusal under PAIA.

Ratio Decidendi

The court found that the applicant had complied with all procedural requirements under PAIA and that the respondent failed to provide a lawful ground for refusal. The respondent did not explicitly rely on the defence that the records do not exist, nor did the information officer indicate that the refusal was based on the request being frivolous or vexatious as required by section 45 of PAIA. The deemed refusal under section 27 was not accompanied by any valid statutory ground. The information provided by the respondent was insufficient for the applicant to ascertain whether excessive deductions had occurred. The court held that the applicant was entitled to access the full records...

Court Disposition

Application granted in part; respondent ordered to furnish the applicant with the balance of the requested records within 15 days. 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.