CCT25/09

[2009] ZACC 21

2009 (6) SA 323 (CC)

2009 (11) BCLR 1075 (CC)

Ngcobo J

26 May 2009

13 August 2009

http://hdl.handle.net/20.500.12144/3579

Proceedings involve three applications. First an application for leave to appeal directly to the CC against the decision of the Western Cape High Court refusing condonation: Brummer v Minister of Social Development and Others, Case No 100103/07, 16 March 2009 as yet unreported. Second an application for confirmation of the order made by the High Court declaring invalid section 78(2)of the PAIA. Third application is by the South African Human Rights Commission for admission as amicus curiae.

Application for confirmation of invalidity of section 78(2) of the Promotion of Access to Information Act (PAIA) which allows a person who is refused access to information to challenge the refusal in court. The challenge must be brought within 30 days. Confirmed the High Court's declaration that section 78(2) was unconstitutional in that it does not give a person who is refused information adequate time to approach a court for relief. The provision limits the applicant's right to access to court as well as his access to information. This limitation was not reasonable and justifiable. Ordered that Parliament enact legislation that prescribes a time limit that is consistent with the Constitution. Pending the enactment of such legislation a period of 180 days will suffice for applicants to bring applications to court. The present matter was referred back to the High Court (and a different judge) for it to consider his application for access to information. Majority: Ngcobo J (unanimous).