, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
(a) Access to children’s court case records in terms of the Promotion of Access to Information
Act 2 of 2000.
Access to children's court case records is restricted under the Children's Act 38 of 2005. The general
rule is that no person has access to children's court case records except in specific circumstances:
For performing official duties in terms of the Children's Act
By order of court if access would not compromise the child's best interests
For purposes of review or appeal
For bona fide research or law report reporting, provided section 74 of the Children's Act is
complied with
The PAIA framework applies subject to these restrictions, ensuring the paramountcy of the child's
best interests as required by section 28 of the Constitution.¹
(b) The definition of a ne spaper as defined by our courts.
The leading definition of a "newspaper" was established in R v Daya Morar 1929 TPD 696 and
approved by the Appellate Division in R v Lewin 1930 AD 344. The definition states:
A newspaper is a publication appearing at regular (or almost regular) intervals at short periods (daily
or weekly), usually in sheet form, containing news - reports of recent happenings of varied character
(political, social, moral, religious, etc.), intended for information of the general reader. Its
distinguishing feature is the quality of news that gives it general interest and secures circulation
among different classes.²
The dictionary definition from Collins English Dictionary similarly describes it as a weekly or daily
publication consisting of folded sheets containing news, features, reviews and advertisements.³
(c) The meaning of the term “requester” as used in the Promotion of Access to Information Act
2 of 2000.
In the Promotion of Access to Information Act 2 of 2000, it refers to the person seeking access to
information from either a public or private body.
In the context of the Act, a requester is:
Any person who makes a formal request for access to a record
The party who must demonstrate the purpose for which the information is required
In the case of private bodies, the requester must have a pre-existing founding right (i.e., the
information must be required for the exercise or protection of any other rights)
In the case of public bodies, no such prerequisite applies⁴
¹ LCR4803 Study Guide, p. 102 (section 10.2.5).
² LCR4803 Study Guide, p. 40.
³ LCR4803 Study Guide, p. 39.
⁴ LCR4803 Study Guide, pp. 91-92 (section 9.1.1.3).
(a) Access to children’s court case records in terms of the Promotion of Access to Information
Act 2 of 2000.
Access to children's court case records is restricted under the Children's Act 38 of 2005. The general
rule is that no person has access to children's court case records except in specific circumstances:
For performing official duties in terms of the Children's Act
By order of court if access would not compromise the child's best interests
For purposes of review or appeal
For bona fide research or law report reporting, provided section 74 of the Children's Act is
complied with
The PAIA framework applies subject to these restrictions, ensuring the paramountcy of the child's
best interests as required by section 28 of the Constitution.¹
(b) The definition of a ne spaper as defined by our courts.
The leading definition of a "newspaper" was established in R v Daya Morar 1929 TPD 696 and
approved by the Appellate Division in R v Lewin 1930 AD 344. The definition states:
A newspaper is a publication appearing at regular (or almost regular) intervals at short periods (daily
or weekly), usually in sheet form, containing news - reports of recent happenings of varied character
(political, social, moral, religious, etc.), intended for information of the general reader. Its
distinguishing feature is the quality of news that gives it general interest and secures circulation
among different classes.²
The dictionary definition from Collins English Dictionary similarly describes it as a weekly or daily
publication consisting of folded sheets containing news, features, reviews and advertisements.³
(c) The meaning of the term “requester” as used in the Promotion of Access to Information Act
2 of 2000.
In the Promotion of Access to Information Act 2 of 2000, it refers to the person seeking access to
information from either a public or private body.
In the context of the Act, a requester is:
Any person who makes a formal request for access to a record
The party who must demonstrate the purpose for which the information is required
In the case of private bodies, the requester must have a pre-existing founding right (i.e., the
information must be required for the exercise or protection of any other rights)
In the case of public bodies, no such prerequisite applies⁴
¹ LCR4803 Study Guide, p. 102 (section 10.2.5).
² LCR4803 Study Guide, p. 40.
³ LCR4803 Study Guide, p. 39.
⁴ LCR4803 Study Guide, pp. 91-92 (section 9.1.1.3).
