QUESTION from last insert: How to deal with a request for information i.e. can recipient refuse? It can if it meets the requirements of Section 68 of PAIA i.e. if (1) the ‘record’ contains its trade secrets; (2) it contains information that can cause it harm if disclosed; (3) if it contains information which can place it in a contractual disadvantage or be prejudicial in ‘commercial competition’ OR Section 63: if it may result in the disclosure of personal information OR Section 65: it may result in the breach of a duty of confidence. Each case (as always!) will be decided on its own facts: to illustrate – in the case of Clutchco (‘C’) v Davis (‘D’) it went in favour of the applicant D (a minority shareholder in C) in the Cape High Court in 2003 but against him in the High Court of Appeal!
© ADV LOUIS NEL
August 22 2021
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (39 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA, SKAL, ATTA, EGF, FEDHASA, ST&BA & TRAVELPEOPLE members (1) 15 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour (per month) is now only R500.00