South Africa Case Law

Sithetho v Information Officer for Department of Higher Education and Training, Eastern Cape, KSD TVET College, Cicira Campus (2281/2023)

Sithetho v Information Officer for Department of Higher Education and Training, Eastern Cape, KSD TVET College, Cicira Campus (2281/2023) [2024] ZAECMHC 35 (24 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2281/2023

Judge

V Kunju

The High Court dismissed an application for PAIA access, holding that the college was the proper party and that section 7 of PAIA barred reliance on PAIA amid pending proceedings.

• Promotion Of Access To Information Act
• Non Joinder
• Misjoinder
• Employee Rights
• Pending Criminal Proceedings
• Paia

Venter v Minister van Polisie (13652/2013)

Venter v Minister van Polisie (13652/2013) [2014] ZAGPPHC 64 (3 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

13652/2013

Judge

De Klerk

The applicant failed to demonstrate that there were no pending criminal proceedings or that there was no reasonable likelihood of such proceedings being instituted in the foreseeable future. The respondent's explanation that a criminal case was still pending was accepted, and it was confirmed that the applicant had recently appeared in court. Accordingly, the requirements for the return of seized property under the Criminal Procedure Act were not met, and the application could not succeed.

Source excerpt

• Seizure Of Property
• Return Of Seized Articles
• Criminal Procedure Act
• Pending Criminal Proceedings