CCT129/11

[2012] ZACC 21

2013 (1) SA 1 (CC)

2013 (1) BCLR 55 (CC)

Jafta J

27 September 2012

http://hdl.handle.net/20.500.12144/3668

Application for leave to appeal against a judgment of the SCA: Industrial Development Corporation of South Africa Ltd v PFE International Inc (BVI) and Others 2012 (2) SA 269 (SCA). See also earlier judgment of the KwaZulu-Natal Durban High Court: PFE International Inc (BVI) and Others v Industrial Development Corporation of South Africa Ltd 2011 (4) SA 24 (KZD)

Application for leave to appeal against a decision that the applicant does not have a right of access after the commencement of legal proceedings to documents available to it under pre-trial discovery proceedings. The question was whether access to information in terms of section 33 of the Constitution is governed by the Promotion of Access to Information Act 2 of 2000 (PAIA) in cases where another law regulates access to information. The Court held that PAIA sets three conditions that must be met before a finding that it is not applicable can be made: first, that record is requested for the purpose of criminal or civil proceedings; second, the record is requested after the commencement of criminal or civil proceedings; and third the production of or access to that record is provided for in any other law. The only issue for determination was whether the Uniform Rules of Court constituted “another law”. The Court held that under the relevant Rule, which was widely interpreted by the Supreme Court of Appeal, access to the documents sought by the applicants may be granted. The Court thus found that PAIA was not applicable. Leave to appeal was granted but the appeal was dismissed. Judgment: Jafta J (unanimous).