South Africa Case Law

Panday v University of KwaZulu-Natal and Others (D8171/2019)

Panday v University of KwaZulu-Natal and Others (D8171/2019) [2021] ZAKZDHC 1 (8 January 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D8171/2019

Judge

M R Chetty

The court held that the applicant, as a private citizen, is entitled to request information from a public body under PAIA without needing to demonstrate a connection to the university or a specific purpose. The university's refusal based on distrust, lack of affiliation, or alleged frivolousness was found to be irrelevant under the Act. The university failed to discharge its evidential burden to justify refusal under the statutory exemptions claimed, particularly regarding the safety of individuals and privileged information. The court found that the requested information regarding the durati…

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• Promotion Of Access To Information Act
• Public Body Definition
• Grounds For Refusal Of Access
• Severability And Redaction
• Public Interest Override

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…

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• Promotion Of Access To Information Act
• Grounds For Refusal Of Access
• Evaluative Material
• Frivolous Or Vexatious Requests
• Internal Appeal Procedure

Afriforum v Emadleni Municipality (A286/2015)

Afriforum v Emadleni Municipality (A286/2015) [2016] ZAGPPHC 510 (27 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A286/2015

Judges

T.M. Makgoka, N. Ranchod, M. Canca

The High Court held that a municipality could not refuse a PAIA request on technical or unsupported grounds and ordered disclosure, with costs against the municipality.

• Promotion Of Access To Information Act
• Right Of Access To Information
• Municipal Regulations
• Grounds For Refusal Of Access
• Costs In Constitutional Litigation
• Promotion-of-access-to-information-act

Van der Merwe and Another v National Lotteries Board (38293/2012)

Van der Merwe and Another v National Lotteries Board (38293/2012) [2014] ZAGPPHC 240 (11 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

38293/2012

Judge

Ebersohn AJ

The court found that the respondent, the National Lotteries Board, had lawfully refused access to certain portions of its minutes under section 36(1)(b) and (c) of PAIA, as the redacted information comprised confidential financial, commercial, and technical information supplied by third parties, the disclosure of which would likely cause harm or place those parties at a disadvantage in future negotiations. The applicants did not dispute the factual basis for the respondent's claims, and the court applied the Plascon-Evans rule, deciding the matter on the respondent's version. The court held t…

Source excerpt

• Promotion Of Access To Information Act
• Grounds For Refusal Of Access
• Redaction Of Public Records
• Public Interest Override

Independant Newspapers (Pty) Ltd and Others v African National Congress ans Another (12164/11)

Independant Newspapers (Pty) Ltd and Others v African National Congress ans Another (12164/11) [2012] ZAWCHC 4 (6 February 2012)

Court

Western Cape High Court, Cape Town

Case number

12164/11

Judge

Griesel

The High Court ordered disclosure of an ANC internal investigation report under PAIA, finding broad confidentiality claims and its interim nature did not justify refusal.

• Promotion Of Access To Information Act
• Judicial Peek
• Grounds For Refusal Of Access
• Costs Award
• Internal Investigation Report
• Promotion-of-access-to-information

RMR Commodity Enterprises Registration No. CK88/19263/23 t/a Krass Blankets v State Tender Board and Others (27022/2006)

RMR Commodity Enterprises Registration No. CK88/19263/23 t/a Krass Blankets v State Tender Board and Others (27022/2006) [2008] ZAGPHC 270 (20 August 2008)

Court

High Courts - Gauteng

Case number

27022/2006

Judge

RD Mokgoatlheng

The High Court ordered access to tender documents under PAIA, finding the refusal unjustified and the confidentiality objections unproven, with punitive costs.

• Promotion Of Access To Information Act
• State Tender Board
• Public Procurement
• Grounds For Refusal Of Access
• Internal Appeal Exhaustion
• Confidential Commercial Information