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South Africa decisions
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Mapisa-Nqakula v National Director of Public Prosecutions and Others (B9/2024) [2024] ZAGPPHC 357 (16 April 2024)
Urgent bid to stop an alleged imminent arrest was struck off for lack of urgency. The court also refused to take a judicial peek into the docket.
Thompson v Information Officer: Department of Defence and Military Veterans and Another (8090/2020) [2024] ZAWCHC 58 (22 February 2024)
The respondents failed to discharge the evidentiary burden required under PAIA to justify refusal of access to the SANDF Board of Inquiry report. Their reliance on statutory exemptions was vague and unsupported by concrete evidence regarding the nature of the military equipment, strategies, or diplomatic relations at risk. The court found that the information provided was insufficient to assess whether the exemptions under sections 34 and 41 applied. Given the constraints on evidence and the public interest in disclosure, the court exercised its discretion under section 80 of PAIA to order a…
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President of the Republic of South Africa and Others v M & G Media Limited (998/2013) [2014] ZASCA 124; 2015 (1) SA 92 (SCA); [2014] 4 All SA 319 (SCA) (19 September 2014)
The Supreme Court of Appeal held that the Presidency failed to justify withholding the Khampepe Report under PAIA and dismissed the appeal with costs.
Independant Newspapers (Pty) Ltd and Others v African National Congress ans Another (12164/11) [2012] ZAWCHC 4 (6 February 2012)
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.
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