Makhambi v MEC For Health, Eastern Cape and Another (3262/2018) [2018] ZAECMHC 63 (20 November 2018)

Makhambi v MEC For Health, Eastern Cape and Another (3262/2018) [2018] ZAECMHC 63 (20 November 2018)

The application was dismissed because the applicant failed to establish a proper cause of action under PAIA. The founding affidavit did not contain the necessary allegations regarding compliance with section 14 of PAIA, nor did it annex the relevant pages of the departmental manual to demonstrate that the request for access to records and the internal appeal were properly addressed and served. The request was sent to the Superintendent-General of the Department of Health, whereas the PAIA requires requests to be addressed to the information officer, typically the Chief Executive Officer of the public body. Furthermore, the registered letter was sent to the Deputy Information Officer of...

Citation
[2018] ZAECMHC 63
Parties
Applicant: Nolusizo Makhambi; Respondent: MEC For Health, Eastern Cape; Respondent: Chief Executive Officer, Butterworth Hospital
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
20 November 2018
Case Number
3262/2018
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
S M Mbenenge
Legal Topics
Promotion of Access to Information Act, Internal Appeal Procedure, Service of Process, Cause of Action Requirements
Administrative Law Civil Procedure Promotion of Access to Information Act Internal Appeal Procedure Service of Process Cause of Action Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Nolusizo Makhambi

Applicant

MEC For Health, Eastern Cape

Respondent

Chief Executive Officer, Butterworth Hospital

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant established a proper cause of action under the Promotion of Access to Information Act (PAIA).
  2. 2 Whether the request for access to medical records was properly addressed and served in accordance with the PAIA and departmental manual.
  3. 3 Whether the founding affidavit contained the necessary allegations and annexures to support the relief sought.

Ratio Decidendi

The application was dismissed because the applicant failed to establish a proper cause of action under PAIA. The founding affidavit did not contain the necessary allegations regarding compliance with section 14 of PAIA, nor did it annex the relevant pages of the departmental manual to demonstrate that the request for access to records and the internal appeal were properly addressed and served. The request was sent to the Superintendent-General of the Department of Health, whereas the PAIA requires requests to be addressed to the information officer, typically the Chief Executive Officer of the public body. Furthermore, the registered letter was sent to the Deputy Information Officer of...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • The applicant's legal representatives are not entitled to recover any fees from the applicant for handling this case.