Thompson v Information Officer: Department of Defence and Military Veterans and Another (8090/2020)
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…
Source excerpt
- Promotion Of Access To Information Act
- Judicial Peek
- Military Inquiry
- Public Interest Override
- Burden Of Proof