In Montrose Mews v Moela, the court had to intervene and decide whether PAIA applied to information requested by a member of a body corporate.

Who should care about this judgment and why?

  • Members of sectional title schemes because the judgment clarifies their rights to access financial information held by the body corporate.
  • Individuals involved in private entities like body corporates because the case provides insights into the interplay between different legislative frameworks governing access to information.

What could you do about it?

  • Read the full judgment by downloading it.
  • Access other relevant PAIA judgments by joining the Michalsons Access to Information programme.

Our insights on the judgment

The court examined PAIA’s applicability and concluded that it does not govern access to information in situations involving pre-existing legal relationships, such as that between Montrose Mews body corporate and its members. PAIA requests are for situations where individuals lack access to information.

Digest

Montrose Mews, a body corporate, refused one of its members, Mokoka, access to bank statements related to the administrative fund. Mokoka claimed her rights under the Sectional Titles Management Act, while Montrose Mews contended that access to such information falls under PAIA and not the Sectional Titles Management Act.

The court’s decision

The court found that the Management Rules afforded Mokoka the right to access the bank statements upon application. It emphasised that while Mokoka has the right to access the statements, Montrose Mews may redact irrelevant information, such as personal details of other members, to protect their privacy.

Order

  • The court dismissed the application with costs.

Details of Montrose Mews Body Corporate v Moela

  • Universal citation: [2024] ZAGPJHC 198
  • Case number: 2023/019308
  • Full name: Montrose Mews Body Corporate v Moela

Please note: This judgment summary is not intended for a general audience. It is specifically drafted for the members of the Michalsons Access to Information programme.