Belwana and Another v Eastern Cape MEC for Education and Another (306/16, 349/16)
Belwana and Another v Eastern Cape MEC for Education and Another (306/16, 349/16) [2017] ZAECBHC 3; [2017] 3 All SA 32 (ECB); 2017 (6) SA 182 (ECB) (18 May 2017)
In Belwana's case, the court found that her request for information was manifestly frivolous and vexatious, as she was not shortlisted or interviewed and the information sought did not relate to her. Granting such requests would open the floodgates for similar demands from unsuccessful candidates, contrary to the purpose of PAIA. In Langeveldt's case, the court distinguished her position as she was shortlisted, interviewed, and had a legitimate grievance regarding the process. The Department's blanket refusal based on confidentiality and evaluative material was only partially upheld. The cour…
Source excerpt
- Promotion Of Access To Information Act
- Grounds For Refusal Of Access
- Evaluative Material
- Frivolous Or Vexatious Requests
- Internal Appeal Procedure