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South African History Archive Trust v South African Reserve Bank and Another (17/19) [2020] ZASCA 56

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South African History Archive Trust v South African Reserve Bank and Another (17/19) [2020] ZASCA 56

29th May 2020

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Click here to read the full judgment on Saflii

This judgment was handed down electronically by circulation to the parties' representatives by email, publication on the Supreme Court of Appeal website and release to SAFLII. The date and time for hand-down is deemed to be 10h00 on 29 May 2020.

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Summary: Promotion of Access to Information Act 2 of 2000 – request for records of certain persons – refusal of request – Section 47 applied to records of two persons – failure of information officer to take reasonable steps to inform them of request – access refused – Section 49(2) invoked to make decision – decision to refuse access ultra vires – reviewed and set aside and compliance with section 47 directed prior to making decision;

Refusal of access by public body – review of refusal – grounds for refusal sourced in chapter 4 – no basis made out for refusal – decision to refuse reviewed and set aside – access to records to be granted.

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