The Promotion of Access to Information Act (‘PAIA’) – Part 3

Photo by Isaiah Rustad on Unsplash


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! 




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

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