Ngubeni v Mobile Telephone Networks (Pty) Ltd (37790/2017) [2019] ZAGPPHC 107 (18 March 2019)

Ngubeni v Mobile Telephone Networks (Pty) Ltd (37790/2017) [2019] ZAGPPHC 107 (18 March 2019)

The court found that the applicant had sufficiently established that the requested documents are reasonably required for the exercise of his right to claim damages arising from injuries sustained in an incident linked to the respondent's fibre installation works. The respondent's procedural objections regarding the fax number, capacity, and fee payment were either immaterial or adequately addressed, as the request did reach the respondent and the covering letter clarified the applicant's capacity. The respondent failed to respond within the statutory period, resulting in a deemed refusal under PAIA. No substantive grounds for refusal were raised by the respondent, and the statutory...

Citation
[2019] ZAGPPHC 107
Parties
Applicant: Bob Fanie Ngubeni; Respondent: Mobile Telephone Networks (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 March 2019
Case Number
37790/2017
Procedural Posture
Review Application / Application for Access to Information Under PAIA
Outcome
Application granted. The respondent is ordered to provide the requested documents and pay the costs of the application.
Judges
MNGQIBISA-THUSI
Legal Topics
Promotion of Access to Information Act, Access to Information, Procedural Compliance, Delictual Claim, Fee Payment, Capacity of Requester
Administrative Law Civil Procedure Delict Promotion of Access to Information Act Access to Information Procedural Compliance Delictual Claim Fee Payment +1 more

Case Brief

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Parties

Bob Fanie Ngubeni

Applicant

Mobile Telephone Networks (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Access to Information Under PAIA

Legal Issues

  1. 1 Whether the applicant complied with the procedural requirements of the Promotion of Access to Information Act in requesting documents from the respondent.
  2. 2 Whether the respondent's failure to respond to the request within 30 days constitutes a deemed refusal under PAIA.
  3. 3 Whether the applicant is entitled to access the requested documents for the purpose of instituting a delictual claim.

Ratio Decidendi

The court found that the applicant had sufficiently established that the requested documents are reasonably required for the exercise of his right to claim damages arising from injuries sustained in an incident linked to the respondent's fibre installation works. The respondent's procedural objections regarding the fax number, capacity, and fee payment were either immaterial or adequately addressed, as the request did reach the respondent and the covering letter clarified the applicant's capacity. The respondent failed to respond within the statutory period, resulting in a deemed refusal under PAIA. No substantive grounds for refusal were raised by the respondent, and the statutory...

Court Disposition

Application granted. The respondent is ordered to provide the requested documents and pay the costs of the application.

Orders

  • The respondent's information officer must deliver a notice of the required fees to Swan Attorneys within 10 days of this order.
  • The respondent is ordered, within 10 days of this order, to furnish the applicant's attorneys with the following documents: Service level agreement between MTN and Optical Mediaworx (Pty) Ltd; Site register for Hallelujah Street, Nellmaplus for 6 October 2016; Occurrence register for Hallelujah Street, Nellmaplus...