Sakeliga NPC v Auditor-General South Africa
Sakeliga NPC v Auditor-General South Africa [2023] ZAGPPHC 501; 36297/2022 (30 June 2023)
The court held that section 78 of PAIA is peremptory and precludes a requester from approaching the court before exhausting administrative remedies. The amended PAIA provides a complaints procedure to the Information Regulator for public bodies defined in section 1(b), such as the Auditor-General. The use of 'may' in section 77A(2) gives the requester a choice to pursue the complaint or not, but does not permit bypassing the administrative process for direct court access. The constitutional obligation to publish reports applies only to audit reports as defined in section 188 of the Constituti…
Source excerpt
- Promotion Of Access To Information Act
- Exhaustion Of Administrative Remedies
- Municipal Finance Management
- Constitutional Obligation To Publish
- Public Accountability