Mfana v MEC for Health-Eastern Cape Province and Others (355/2013) [2014] ZAECMHC 40 (14 November 2014)

Mfana v MEC for Health-Eastern Cape Province and Others (355/2013) [2014] ZAECMHC 40 (14 November 2014)

The court found that the applicant was entitled to access her medical records and the completion of the MMF 1 claim form without the need to complete the prescribed PAIA request form, as the information was automatically available. The respondents' opposition was unfounded, and their conduct in escalating the matter...

Source-derived case information.

Citation
[2014] ZAECMHC 40
Parties
Applicant: Zukelwa Mfana; Respondent: MEC for Health-Eastern Cape Province; Respondent: The Director Clinical, Butterworth Hospital
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
14 November 2014
Case Number
355/2013
Procedural Posture
Review Application / Judgment
Outcome
Application granted as to costs; respondents ordered to pay costs on an attorney and own client scale, jointly and severally.
Judges
R W N Brooks
Legal Topics
Promotion of Access to Information Act, Promotion of Administrative Justice Act, Costs Award, Automatic Availability of Information
Administrative Law Civil Procedure Promotion of Access to Information Act Promotion of Administrative Justice Act Costs Award Automatic Availability of Information

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Parties

Zukelwa Mfana

Applicant

MEC for Health-Eastern Cape Province

Respondent

The Director Clinical, Butterworth Hospital

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondents were obliged to provide the applicant with access to her medical records and complete the relevant section of her MMF 1 claim form.
  2. 2 Whether the application was premature or defective for non-compliance with section 18(1) of PAIA.
  3. 3 Whether the respondents should be liable for the applicant's costs on a punitive scale.

Ratio Decidendi

The court found that the applicant was entitled to access her medical records and the completion of the MMF 1 claim form without the need to complete the prescribed PAIA request form, as the information was automatically available. The respondents' opposition was unfounded, and their conduct in escalating the matter to an opposed application was deserving of censure. The applicant was obliged to incur costs due to the respondents' actions, and a punitive costs order was warranted to prevent the applicant from bearing unnecessary costs.

Court Disposition

Application granted as to costs; respondents ordered to pay costs on an attorney and own client scale, jointly and severally.

Orders

  • The respondents are directed to pay the costs of this application jointly and severally, the one paying the other to be absolved, on the scale as between attorney and own client.