Revisiting the Interpretation of Section 50 of the Promotion of Access to Information Act ‒ Mahaeeane and Motlajsi Thakaso v Anglogold Ashanti Limited (85/2016) [2017] ZASCA 090

Abstract

This note critically revisits the decision of the case, and particularly the normative content of section 50 of PAIA, and argues for the incorrectness of the decision of the court. In doing so, this note relies on earlier jurisprudence on the interpretation and application of the section 50 provision of PAIA. Part 1 provides a brief understanding of the facts of the case and the issues of law raised. Part 2 examines the reasoning of the judge as informed by other previous decisions. Part 3 analyses the judgment through a critical discussion of the normative content of sections 50 and 7(1) of PAIA, and its interpretation and application in other jurisprudence, in order to demonstrate the incorrectness of the decision in the Mahaeeane case. The last part of this note is a conclusion.