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South Africa decisions
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Reynolds N.O v Smith (22726/2017) [2021] ZAWCHC 87 (7 May 2021)
The High Court held an executor’s accrual-related information request was prescribed and, in any event, sought impermissible pre-litigation discovery.
Manuel v Sahara Computers (Pty) Ltd and Another (38562/2017) [2018] ZAGPPHC 864; [2019] 2 All SA 417 (GP); 2020 (2) SA 269 (GP) (12 December 2018)
The court found that the applicant had established the requirements of section 50 of PAIA, as access to the requested records was required for the exercise or protection of his right to privacy. The request did not amount to impermissible pre-litigation discovery, as the applicant sought to identify defendants and formulate a cause of action, not to assess prospects of success. The respondents' affidavits did not comply with section 55 of PAIA, as they were evasive, lacked candour, and failed to provide a full account of all steps taken to locate the records. The court held that it was entitl…
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