Qoboshiyane NO and Others v Avusa Publishing Eastern Cape (Pty) Ltd and Others (864/2011) [2012] ZASCA 166; 2013 (3) SA 315 (SCA) (21 November 2012)

Qoboshiyane NO and Others v Avusa Publishing Eastern Cape (Pty) Ltd and Others (864/2011) [2012] ZASCA 166; 2013 (3) SA 315 (SCA) (21 November 2012)

The Supreme Court of Appeal held that the appeal was perempted because the MEC had unequivocally complied with the High Court's order by disclosing the Kabuso report without reservation, thereby abandoning any right to appeal. Even if peremption did not apply, the appeal was moot as the report had already been...

Source-derived case information.

Citation
[2012] ZASCA 166
Parties
Appellant: M Qoboshiyane NO; Appellant: Stanley Khanyile NO; Appellant: Department of Local Government and Traditional Affairs, Eastern Cape; Respondent: Avusa Publishing Eastern Cape (Pty) Ltd; Respondent: Nelson Mandela Bay Metropolitan Municipality; Respondent: John Graham Richards
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 November 2012
Case Number
864/2011
Procedural Posture
Civil Appeal / Appeal From Eastern Cape High Court, Port Elizabeth
Outcome
Appeal dismissed with costs.
Judges
Mthiyane, Bosielo, Leach, Wallis, Plasket
Legal Topics
Promotion of Access to Information Act, Public Interest Override, Municipal Systems Act, Mootness, Peremption of Appeal
Administrative Law Constitutional Law Promotion of Access to Information Act Public Interest Override Municipal Systems Act Mootness Peremption of Appeal

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Summary, issues, holding and outcome

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Parties

M Qoboshiyane NO

Appellant

Stanley Khanyile NO

Appellant

Department of Local Government and Traditional Affairs, Eastern Cape

Appellant

Avusa Publishing Eastern Cape (Pty) Ltd

Respondent

Nelson Mandela Bay Metropolitan Municipality

Respondent

John Graham Richards

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape High Court, Port Elizabeth

Legal Issues

  1. 1 Whether the appeal was perempted by the appellants' compliance with the High Court order.
  2. 2 Whether the appeal was moot due to the disclosure of the Kabuso report.
  3. 3 Whether section 46 of PAIA mandates disclosure in the public interest despite ongoing investigations under the Municipal Systems Act.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal was perempted because the MEC had unequivocally complied with the High Court's order by disclosing the Kabuso report without reservation, thereby abandoning any right to appeal. Even if peremption did not apply, the appeal was moot as the report had already been disclosed and no judgment could have any practical effect between the parties. The court rejected the appellants' argument that section 46 of PAIA is subject to a limitation where an investigation under section 106 of the Municipal Systems Act is incomplete. Section 46 mandates disclosure in the public interest when its criteria are met, regardless of ongoing investigations. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.