Access to information Archives

Disclosing relevant documents: Affecting reasonable expectation

by GilesFiles | Aug 22, 2024 | 2020 onwards, Access to information, Appeals, Appeals - leave, Causes and defences, Constructive see LRA 186(1)(e), Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Personal Information, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Abusing IT policy: Sharing passwords unlawfully

by GilesFiles | Mar 13, 2023 | Access to information, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, District, Evidence & onus, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Access to information ordered: PAJA s 78(2)(d)(i)

by GilesFiles | May 16, 2022 | 2020 onwards, Access to information, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal Information, Personal services, Private enterprises, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Disclosing taxpayer information: Balance conflicting interests

by GilesFiles | Nov 16, 2021 | 2020 onwards, Access to information, Applications, Bill of Rights, Central, Common law, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Personal Information, Review tests, Sectors, Special pleas, Specific performance, State organs, Topics | 0 |

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 onwards, Access to information, André van Niekerk, Causes and defences, CCMA Rules, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 onwards, 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, M Madlanga, Parties, Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 onwards, Access to information, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Personal Information, Specific performance, Statutory, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Self-incrimination analysed: Commission privileges explained

by GilesFiles | Jan 28, 2021 | 2020 onwards, Access to information, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, Topics | 0 |

State Capture Commission v Zuma Constitutional court analysed self-incrimination and decided that witnesses before a commission may claim privilege against self-incrimination but they must raise the question of privilege with...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 onwards, Access to information, Applications, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal Information, Personal services, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020 onwards, Access to information, Anton Piller, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, Evidence & onus, Finance, Granted, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Orders, Parties, Personal Information, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics, Uniform HC | 0 |

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

Interdicting broadcast refused: Access to information

by GilesFiles | Sep 10, 2019 | 2019, Access to information, Bill of Rights, Causes and defences, Consumer protection, Courts, High Court, High Court judges, Interdicts & rules, Judges, Legal Practice, Parties, Sectors, Topics, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Industrial action amendments: Strategy and tactics

by GilesFiles | Jul 3, 2019 | AB - Law generally, Access to information, Collective Bargain (LRL 5), ERelations (LRL 1), Insights, Interdicts & rules, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, philosophy / economics, Power plays (LRL 6), Resolving disputes (LRL 3), Statutes (LRL 2)-work, Strike - protected, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Access to information