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South Africa decisions
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Nkosi v City of Johannesburg Metropolitan Municipality (2023/066724) [2024] ZAGPJHC 258 (11 March 2024)
The High Court dismissed a PAIA application for job evaluation records, holding the request was made for ongoing litigation and barred by section 7.
Loubser (Snr) N.O and Others v Vodacom (Pty) Ltd (11890/2022) [2024] ZAWCHC 33 (9 February 2024)
The court held that the applicants had not demonstrated that the requested documents were reasonably required for the exercise or protection of their rights as required by section 50(1)(a) of PAIA. The Trust already knew the identity of the defendant and was able to formulate its claim for holding over and damages without the requested records. The application did not fall within the exceptional circumstances where pre-action discovery under PAIA is permissible, such as identifying the correct defendant or being unable to formulate a claim without the records. The list of requested documents…
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Maamach (PTY) LTD v Air Traffic Navigation Service SOC LTD (21/11114) [2022] ZAGPJHC 283 (3 May 2022)
The High Court dismissed a PAIA application for further tender records, finding it moot, abusive, and an attempt at pre-action discovery.
Sky's the Limit Investments CC v van der Merwe (533/2012) [2012] ZAKZDHC 94 (6 December 2012)
The court held that the applicant had disclosed sufficient information to institute action under sections 64 and 65 of the Close Corporations Act without requiring the documents sought under the Promotion of Access to Information Act. The court found that section 7 of the Act did not preclude access based on the existence of interpleader proceedings, as those were between different parties. However, the applicant failed to demonstrate a substantial need for pre-action discovery, as required by the majority judgment in Unitas Hospital v van Wyk. The respondent credibly denied possession of the…
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Keylite Chemicals v Harmony Gold Mining Company Limited (07/882) [2007] ZAGPHC 258 (28 March 2007)
The court found that the applicant had satisfied all requirements under section 50(1) of the Promotion of Access to Information Act. The applicant demonstrated a substantial need for access to the General Conditions of Purchase and product complaint or quality reports to exercise and protect its contractual rights and reputation. The application was not barred by section 7(1) of the Act, as no other proceedings had been instituted and no alternative legal mechanism for production existed. The applicant laid a proper foundation for its request, specifying the rights to be protected, the record…
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Unitas Hospital v Van Wyk and Another (231/05) [2006] ZASCA 34; 2006 (4) SA 436 (SCA) ; [2006] 4 All SA 231 (SCA) (27 March 2006)
The majority of the Supreme Court of Appeal held that Mrs van Wyk failed to establish that she 'required' the Naudé report for the exercise or protection of her right to claim damages against Unitas Hospital as contemplated by s 50 of PAIA. The court found that she already had access to all relevant information regarding her husband's treatment, including hospital records and expert advice, and that the Naudé report was general in nature and did not address the deceased's case specifically. The court rejected the notion that PAIA permits pre-action discovery as a general rule, emphasizing tha…
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