High Court of South Africa Eastern Cape, Mthatha - 2011 March

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Citation
Judgment date
March 2011
A public body’s unexplained silence to a PAIA request does not bar court relief; punitive costs awarded for obstructive conduct.
* Promotion of Access to Information Act – internal remedies and section 27 (deemed refusal) – whether requester must exhaust internal appeal before litigation.* Constitutional right of access to information – obligations of public bodies to respond transparently and without undue delay.* Administrative law – courts’ role when public authorities fail to engage or communicate decisions.* Costs – punitive attorney-and-client costs where public body’s conduct is unconscionable.
18 March 2011