My Vote Counts v Minister of Justice and Correctional Services and Another [2018] ZACC 17 (21 June 2018)

Criminal Procedure Act — section 154(3) — identity of child victims — ongoing identity protection — competing constitutional rights — equality — best interests of the child — privacy and dignity — restorative justice — stigmatisation and agency —freedom of expression — open justice Order of declaration of invalidity granted and suspended for 24 months — interim reading-in granted

Promotion of Access to Information Act 2 of 2000 – request for
records of certain persons – refusal of request – Section 47 applied to records of two persons – failure of information officer to take reasonable steps to inform them of request – access refused – Section 49(2) invoked to make decision – decision to refuse access ultra vires – reviewed and set aside and compliance with section 47 directed prior to making decision; Refusal of access by public body – review of refusal – grounds for refusal sourced in chapter 4 – no basis made out for refusal – decision to refuse reviewed and set aside – access to records to be granted.

Urgent application — direct access — postponement of local government election

Local Government: Municipal Structures Act 117 of 1998 — section 24 — Local Government: Municipal Electoral Act 27 of 2000 — section 11 — Electoral Commission Act 1 of 1996 — Electoral Act 73 of 1998 — Constitution of the Republic of South Africa — section 159

Free and fair elections — application dismissed

Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administration Act 28 of 2011 — constitutionality of sections 67 and 69 — provisions are unconstitutional Unconstitutional — absolute prohibition of access to tax records — right to access to information — right to freedom of expression — right to privacy — section 36 of the Constitution — public-interest override