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South Africa Case Law

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Administrative Law [2018] ZAFSHC 19

Kgantsi v Bloem Water (2641/2017)

Kgantsi v Bloem Water (2641/2017) [2018] ZAFSHC 19 (8 March 2018)

Court
Free State High Court, Bloemfontein
Case number
2641/2017
Judge
J.P Daffue

The court held that the application was premature because the applicant failed to exhaust the internal appeal procedure required by section 78(1) of PAIA. The statutory requirement is clear and mandatory, and even a broad, liberal, and purposive interpretation of PAIA cannot override this. The applicant's attempt to cure the defect by engaging the internal appeal process after filing the application was insufficient. The respondent's stance that the matter was settled and the request was frivolous or vexatious was not unreasonable in light of the written settlement agreement and the applicant…

Source excerpt

  • Promotion Of Access To Information Act
  • Internal Remedies Exhaustion
  • Frivolous Or Vexatious Requests
  • Settlement Agreements
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Administrative Law [2017] ZAECBHC 3

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)

Court
Eastern Cape High Court, Bhisho
Case number
306/16, 349/16
Judge
I.T. Stretch

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.