High Court of South Africa Eastern Cape, Bhisho - 2015 November

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1 judgment

Citation	Judgment date
November 2015
Twala v Member of the Executive Council, Department of Education, Eastern Cape and Others (217/2015) [2015] ZAECBHC 36 (13 November 2015) Reported Late PAIA internal appeals are not automatically void; courts may condone delay and order access to records. Promotion of Access to Information Act (PAIA) – s75(1)(a)(i) – 60-day time limit for internal appeals – consequences of non-compliance. PAIA – s75(2) – power to condone late appeals upon good cause shown; procedural fairness and legality in exercising condonation. Constitutional right of access to information (s32) – interpretation of PAIA to promote Bill of Rights. Section 78 – court’s remedial powers in PAIA proceedings; implied condonation where relevant authority fails to decide. PAJA – decisions under PAIA not administrative action; proceedings under s78 constitute special statutory review.	13 November 2015

Citation

Judgment date

November 2015

Twala v Member of the Executive Council, Department of Education, Eastern Cape and Others (217/2015) [2015] ZAECBHC 36 (13 November 2015)

Reported

Late PAIA internal appeals are not automatically void; courts may condone delay and order access to records.

Promotion of Access to Information Act (PAIA) – s75(1)(a)(i) – 60-day time limit for internal appeals – consequences of non-compliance. PAIA – s75(2) – power to condone late appeals upon good cause shown; procedural fairness and legality in exercising condonation. Constitutional right of access to information (s32) – interpretation of PAIA to promote Bill of Rights. Section 78 – court’s remedial powers in PAIA proceedings; implied condonation where relevant authority fails to decide. PAJA – decisions under PAIA not administrative action; proceedings under s78 constitute special statutory review.

13 November 2015