LCR4803
Assignment 1
Unique No:
DUE 2025
,Question 1: The Constitutional Nexus of Information and Expression
Introduction & Constitutional Framework
The ability to access information is essential for exercising other constitutional rights—
especially freedom of expression, which covers both the media’s role in sharing
information and the public’s right to receive it. This connection was highlighted in
Brümmer v Minister for Social Development and Others, where Justice Ngcobo
stressed that free expression is often meaningless without access to relevant facts.
The Constitution of South Africa protects:
Section 32 – The right to obtain information from the State or another person if it
is necessary for the protection or exercise of a right.
Section 16 – Freedom of expression, which includes media freedom and the
right to receive and disseminate information.
These rights reinforce one another: access to information enables informed expression.
PAIA as the Legislative Mechanism
The Promotion of Access to Information Act 2 of 2000 (PAIA) puts section 32 of the
Constitution into operation. Its main purposes are to:
Promote openness and accountability in both public and private institutions.
Empower people to exercise their rights by giving them access to information.
Provide clear procedures for requesting records, including internal appeal
options and the right to approach a court if access is denied.
While PAIA encourages transparency, it also contains provisions that safeguard
competing rights and interests.
, The Constitutional Challenge in Brümmer
In Brümmer, the applicant contested section 78(2) of PAIA, which required court
applications to be filed within 30 days of an internal appeal decision. The Constitutional
Court found that:
This deadline was too short to be practical and unjustifiably restricted both the
right of access to information (s 32) and the right to access courts (s 34).
The time limit was temporarily extended to 180 days, awaiting legislative
correction.
The dispute focused on the procedural fairness of the deadline, not on whether
the initial refusal of information was substantively correct.
The Role of the Media in Access to Information
The media functions as a watchdog in a democracy, ensuring:
Open public debate.
Transparency in governance.
An informed population that can hold leaders accountable.
If access-to-information procedures are ineffective, the media’s oversight role is
weakened, reducing democratic participation.
Balancing Access with Other Rights
PAIA allows refusal of requests where other rights could be harmed, such as:
The right to privacy of individuals.
Fair trial rights, ensuring that legal proceedings are not prejudiced.
State security concerns.
Assignment 1
Unique No:
DUE 2025
,Question 1: The Constitutional Nexus of Information and Expression
Introduction & Constitutional Framework
The ability to access information is essential for exercising other constitutional rights—
especially freedom of expression, which covers both the media’s role in sharing
information and the public’s right to receive it. This connection was highlighted in
Brümmer v Minister for Social Development and Others, where Justice Ngcobo
stressed that free expression is often meaningless without access to relevant facts.
The Constitution of South Africa protects:
Section 32 – The right to obtain information from the State or another person if it
is necessary for the protection or exercise of a right.
Section 16 – Freedom of expression, which includes media freedom and the
right to receive and disseminate information.
These rights reinforce one another: access to information enables informed expression.
PAIA as the Legislative Mechanism
The Promotion of Access to Information Act 2 of 2000 (PAIA) puts section 32 of the
Constitution into operation. Its main purposes are to:
Promote openness and accountability in both public and private institutions.
Empower people to exercise their rights by giving them access to information.
Provide clear procedures for requesting records, including internal appeal
options and the right to approach a court if access is denied.
While PAIA encourages transparency, it also contains provisions that safeguard
competing rights and interests.
, The Constitutional Challenge in Brümmer
In Brümmer, the applicant contested section 78(2) of PAIA, which required court
applications to be filed within 30 days of an internal appeal decision. The Constitutional
Court found that:
This deadline was too short to be practical and unjustifiably restricted both the
right of access to information (s 32) and the right to access courts (s 34).
The time limit was temporarily extended to 180 days, awaiting legislative
correction.
The dispute focused on the procedural fairness of the deadline, not on whether
the initial refusal of information was substantively correct.
The Role of the Media in Access to Information
The media functions as a watchdog in a democracy, ensuring:
Open public debate.
Transparency in governance.
An informed population that can hold leaders accountable.
If access-to-information procedures are ineffective, the media’s oversight role is
weakened, reducing democratic participation.
Balancing Access with Other Rights
PAIA allows refusal of requests where other rights could be harmed, such as:
The right to privacy of individuals.
Fair trial rights, ensuring that legal proceedings are not prejudiced.
State security concerns.
