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South Africa decisions
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Wideopen Platform (Pty) Ltd v City of Cape Town and Others (7973/2020) [2022] ZAWCHC 18 (10 February 2022)
The High Court dismissed a PAIA review seeking access to signage approval records, finding the records contained protectable commercial and technical information.
South African Pork Producers Organisation v National Council of Societies for the Prevention of Cruelty to Animals (A171/2015) [2016] ZAGPPHC 90 (18 February 2016)
The court found that the respondent had objectively justified its refusal to disclose the requested record under sections 37(1)(b) and 44(2)(a) of the Promotion of Access to Information Act. The complaint was supplied in confidence, and disclosure would reasonably be expected to prejudice the future supply of similar information, which is in the public interest to maintain. The respondent's Code of Ethics and statutory mandate require confidentiality to encourage reporting of animal cruelty. The court further held that the record could not be reasonably severed to allow partial disclosure, as…
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Tshabalala-Msimang and Another v Makhanya and Others (18656/07) [2007] ZAGPHC 161; 2008 (6) SA 102 (W); 2008 (3) BCLR 338 (W); [2008] 1 All SA 509 (W) (30 August 2007)
The court ordered return and deletion of unlawfully obtained medical records, but refused to bar further publication because public interest outweighed privacy in this case.
Police and Prisons Civil Rights Union and others v Minister of Correctional Services and others (603/2005 , 42/2006) [2006] ZAECHC 43; 2008 (3) SA 129 (E); [2006] 12 BLLR 1212 (E); (2007) 28 ILJ 362 (E) (7 September 2006)
The court refused leave to appeal because the dispute had been comprehensively settled and any appeal would have no practical effect.
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