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Administrative Law [2024] ZAECQBHC 26

Caga and Others v Transnet SOC Ltd and Another (1257/2021)

Caga and Others v Transnet SOC Ltd and Another (1257/2021) [2024] ZAECQBHC 26 (22 March 2024)

The court found that section 7(1) of PAIA does not apply to requests for records after proceedings have been concluded, as such requests cannot disrupt finalised proceedings. Transnet failed to discharge the onus of proving that the Mavana Report was produced in its capacity as a private body or that the confidentiality exemption under section 37(1)(a) of PAIA applied. The evidence provided was insufficient to establish a real risk of breach of confidence actionable by the third party. The applicants complied with procedural requirements and, as the report was held by a public body, section 1…

  • Promotion Of Access To Information Act
  • Public Body Vs Private Body
  • Confidential Information Exemption
  • Public Interest Override
  • Dismissal Of Employees
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