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South Africa Case Law

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Administrative Law [2022] ZAWCHC 265

Tiso Blackstar Group (Pty) Ltd and Others v Steinhoff International Holdings N.V (18706/2019)

Tiso Blackstar Group (Pty) Ltd and Others v Steinhoff International Holdings N.V (18706/2019) [2022] ZAWCHC 265; 2023 (1) SA 283 (WCC) (10 May 2022)

Court
Western Cape High Court, Cape Town
Case number
18706/2019
Judge
L.G. Nuku

The court found that Steinhoff failed to provide sufficient objective evidence that litigation was contemplated as likely at the time the PwC report was commissioned. The evidence presented, including the SENS announcement and the engagement letter, did not establish the dominant purpose of litigation, and Steinhoff's assertions were unsupported by underlying facts. The court held that the right to freedom of expression under section 16 of the Constitution entitles the applicants to access the report under section 50 of PAIA. The refusal to provide the report unjustifiably limited the applica…

Source excerpt

  • Promotion Of Access To Information Act
  • Litigation Privilege
  • Freedom Of Expression
  • Media Rights
  • Severability Of Records
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Administrative Law [2016] ZAGPPHC 90

South African Pork Producers Organisation v National Council of Societies for the Prevention of Cruelty to Animals (A171/2015)

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)

Court
North Gauteng High Court, Pretoria
Case number
A171/2015
Judges
H.J Fabricius, W.R.C Prinsloo, N. Ranchod

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…

Source excerpt

  • Promotion Of Access To Information Act
  • Confidential Information
  • Public Interest Exception
  • Severability Of Records
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Administrative Law [2011] ZAWCHC 436

Independant Newspapers (Pty) Ltd and Others v African National Congress and Another (12164/11)

Independant Newspapers (Pty) Ltd and Others v African National Congress and Another (12164/11) [2011] ZAWCHC 436 (29 November 2011)

Court
Western Cape High Court, Cape Town
Case number
12164/11
Judge
Griesel

The court found that the applicants had established a compelling case for access to the Nel report to the extent that it may contain evidence of a potentially corrupt relationship between a former premier and journalists employed by Independent Newspapers. The applicants demonstrated that access to the report is reasonably required for the exercise and protection of their constitutional rights to freedom of expression and reputation. The ANC, as a private body, failed to invoke any specific statutory grounds for refusal under PAIA and did not attempt to sever confidential portions of the repo…

Source excerpt

  • Promotion Of Access To Information Act
  • Freedom Of Expression
  • Media Rights
  • Public Interest Disclosure
  • Severability Of Records
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.