Public Service Accountability Monitor and Another v Director General: Office of the Premier: Eastern Cape Provincial Government and Another (6047/07) [2008] ZAECHC 70 (29 May 2008)

Public Service Accountability Monitor and Another v Director General: Office of the Premier: Eastern Cape Provincial Government and Another (6047/07) [2008] ZAECHC 70 (29 May 2008)

The court found that the respondents failed to discharge the onus of justifying the refusal to disclose the full, unabridged survey under section 44 of the Promotion of Access to Information Act. The reasons advanced—such as the need for internal deliberation, fear of media sensationalism, and incomplete government responses—were not supported by sufficient evidence and did not constitute exceptional circumstances warranting non-disclosure. The right of access to information under section 32 of the Constitution is fundamental and should only be curtailed in exceptional cases. The survey, commissioned by the government and based on empirical data, is information that belongs in the public...

Citation
[2008] ZAECHC 70
Parties
Applicant: Public Service Accountability Monitor; Applicant: N Mkhize; Respondent: Director General: Office of the Premier: Eastern Cape Provincial Government; Respondent: Premier of the Eastern Cape Provincial Government
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
29 May 2008
Case Number
6047/07
Procedural Posture
Review Application / Final Judgment
Outcome
Application granted in favour of the applicants.
Judges
E Revelas
Legal Topics
Promotion of Access to Information Act, Right of Access to Information, Public Interest Disclosure, Government Service Delivery
Administrative Law Constitutional Law Promotion of Access to Information Act Right of Access to Information Public Interest Disclosure Government Service Delivery

Case Brief

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Parties

Public Service Accountability Monitor

Applicant

N Mkhize

Applicant

Director General: Office of the Premier: Eastern Cape Provincial Government

Respondent

Premier of the Eastern Cape Provincial Government

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents were entitled to refuse access to the full, unabridged 2006 Rapid Assessment Survey under section 44 of the Promotion of Access to Information Act.
  2. 2 Whether the refusal to disclose the survey breached section 32 of the Constitution guaranteeing access to information held by the State.
  3. 3 Whether the respondents discharged the onus to justify non-disclosure under the Information Act.

Ratio Decidendi

The court found that the respondents failed to discharge the onus of justifying the refusal to disclose the full, unabridged survey under section 44 of the Promotion of Access to Information Act. The reasons advanced—such as the need for internal deliberation, fear of media sensationalism, and incomplete government responses—were not supported by sufficient evidence and did not constitute exceptional circumstances warranting non-disclosure. The right of access to information under section 32 of the Constitution is fundamental and should only be curtailed in exceptional cases. The survey, commissioned by the government and based on empirical data, is information that belongs in the public...

Court Disposition

Application granted in favour of the applicants.

Orders

  • The respondents are ordered to provide the applicants with a copy of the full, unabridged, 2006 Rapid Assessment Survey within 10 days of this order.
  • The respondents are ordered to pay the costs of this application, the one paying the other to be absolved.