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South Africa decisions
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Goosen-Joubert v Women4Women NPC (16325/2021) [2022] ZAWCHC 82 (16 May 2022)
PAIA application against a private non-profit succeeded in part. The court applied pre-amendment PAIA, rejected retrospectivity, and ordered disclosure of specified financial records.
Mashaba and Others v Muller and Others (22900/2020) [2021] ZAGPPHC 143 (10 March 2021)
The applicants failed to demonstrate a clear right to the information sought. The relief they requested is not supported by the Nampak Glass decision, which provides procedural mechanisms only to persons wronged and against parties mixed up in the wrongdoing. In this case, the applicants have not been wronged, and Mr Muller is the victim of the alleged intimidation, not the facilitator. The requirements for a final interdict and Norwich Pharmacal relief are not satisfied. The application must therefore fail.
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Fortuin v Cobra Promotions CC (1658/09) [2010] ZAECPEHC 40; 2010 (5) SA 288 (ECP) ; [2011] 2 All SA 225 (ECP) (17 June 2010)
The court ordered a close corporation to disclose financial records under PAIA, finding substantial compliance with the request form and that the records were reasonably required.
Leslie and Another v La Lucia Sands Shareblock Ltd and Another (13827/06) [2009] ZAKZDHC 35 (15 September 2009)
The court held that section 113 of the Companies Act confers an unqualified right on any person to access the register of members of a company, including shareblock companies. The motives of the applicants for seeking access are irrelevant to the exercise of this statutory right. The respondents' refusal to provide full access to the register, including addresses, was unlawful. The right to privacy of members does not extend to information required to be disclosed by statute in the register, and any limitation of privacy in this context is justified. The Promotion of Access to Information Act…
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