PAIA Judgments and Cases

You need to be aware of and potentially take action when the courts hand down PAIA judgments or PAIA cases. We continually monitor and provide plain-language summaries of all PAIA judgments or PAIA cases. Our summaries highlight the actions you may need to take in response. We do all the hard work for you, saving you time.

What PAIA judgments or cases?

Essentially, we monitor and summarise any judgments that apply to the Promotion of Access to Information Act (PAIA).

Only some of the judgment summaries are linked below. To read all previous judgment summaries and be alerted to future ones, join the Michalsons access to information programme. If you are a member and you are logged in, you will be able to view the public as well as the “Members only” judgments.

Mashashane v SABC | Exhaust internal remedies

In Mashashane v SABC, the Gauteng Local Division considered an urgent application under the Promotion of Access to Information Act 2 of 2000 (PAIA). Mashashane, the applicant, sought to compel the SABC to disclose a copy of an old Speak […]

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Mudau and Netshipise Attorneys v Information Officer for the CCMA | Deemed refusal

In Mudau and Netshipise Attorneys v Information Officer for the CCMA, the Gauteng Local Division held that a public body's failure to respond to a PAIA request within the prescribed 30-day period constitutes a deemed refusal under Section 27 of […]

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Eskom v Afriforum | Access to contracts

In Eskom v AfriForum, the Supreme Court of Appeal dismissed Eskom’s appeal and ordered it to disclose its coal and diesel contracts to AfriForum. The Court confirmed that under the Promotion of Access to Information Act 2 of 2000, access […]

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Swartkops Sea Salt enforcement action | Review of PAIA enforcement notice

The Swartkops Sea Salt enforcement action regarding PAIA is now before the courts after Swartkops took the regulator’s enforcement notice on review. This action is a reminder that refusing a PAIA request can lead to regulatory enforcement and costly litigation. […]

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Nkosi v Johannesburg Municipality | Access to information request

In Nkosi v Johannesburg Municipality, Nkosi requested access to the job evaluation and re-grading records in terms of PAIA. The Johannesburg Municipality refused their request. Who should care about this judgment and why? Employees and workers' trade unions because you [...]

Ndudane v Financial Intelligence Centre | Access to confidential information

In Ndudane v Financial Intelligence Centre (FIC), applicants sought access to confidential information held by the FIC under the Financial Intelligence Centre Act, 2001 (FICA), regarding the termination of their banking services by several major banks in South Africa. The [...]

By |2024-07-31T17:40:15+02:00March 26th, 2024|Categories: Access to Information|Tags: , |

Afriforum v Eskom | Access to contracts

In Afriforum v Eskom, the parties had a dispute when Eskom refused to grant Afriforum access, under PAIA, to various contracts related to coal and diesel procurement, as well as contracts with neighbouring countries for electricity provision. Who should care [...]

Montrose Mews v Moela

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 [...]

By |2024-04-30T07:43:03+02:00March 7th, 2024|Categories: Access to Information|Tags: , , |

Schreiber v ANC

In Schreiber v ANC, Leon Schreiber, a member of the National Assembly representing the DA, requested access to information from the ANC on their National Cadre Deployment Committee's activities. The ANC refused the request, leading Schreiber and the DA [...]

By |2024-07-11T15:12:25+02:00February 14th, 2024|Categories: Access to Information|Tags: , , |

WB v RB | Medical records disclosure

WB v RB is an important judgment regarding medical records disclosure. A husband requested access to his wife's bipolar disorder health records for child custody proceedings. The court ordered the clinic to reveal the treatment details while respecting confidentiality [...]

OUTA v SANRAL: when may you refuse to disclose?

In Organisation Undoing Tax Abuse v South African National Roads Agency, known as 'OUTA' and 'SANRAL' respectively, the court upheld SANRAL's refusal to disclose sensitive commercial information, citing PAIA protections. Who should care about this judgment and why? Public administrators [...]