, LCR4803 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 – DUE August 2025; 100% correct
solutions and explanations.
QUESTION 1
Introduction — The Constitutional Framework
The Constitution of the Republic of South Africa, 1996, protects both
the right of access to information (section 32) and freedom of
expression (section 16). Section 32(2) obliges the state to enact
legislation to give effect to the right of access to information, resulting in
the Promotion of Access to Information Act 2 of 2000 (PAIA). The
relationship between these rights is symbiotic — the ability to express
and receive ideas meaningfully depends on being able to obtain reliable
and relevant information. This constitutional nexus was clearly
articulated by Ngcobo J in Brümmer v Minister for Social Development
and Others, where the Court reinforced that access to information is not
only a right in itself but also an enabler of other rights.
PAIA as the Legislative Mechanism to Give Effect to Section 32
PAIA operationalises section 32 by providing a detailed procedure for
individuals to request information held by public and private bodies. Its
key objectives are:
To promote transparency, accountability, and effective
governance.
To enable any person to access information quickly, inexpensively,
and efficiently.
To balance the right to information with legitimate limitations,
such as privacy, commercial confidentiality, national security, and
law enforcement interests.
Semester 2 2025 – DUE August 2025; 100% correct
solutions and explanations.
QUESTION 1
Introduction — The Constitutional Framework
The Constitution of the Republic of South Africa, 1996, protects both
the right of access to information (section 32) and freedom of
expression (section 16). Section 32(2) obliges the state to enact
legislation to give effect to the right of access to information, resulting in
the Promotion of Access to Information Act 2 of 2000 (PAIA). The
relationship between these rights is symbiotic — the ability to express
and receive ideas meaningfully depends on being able to obtain reliable
and relevant information. This constitutional nexus was clearly
articulated by Ngcobo J in Brümmer v Minister for Social Development
and Others, where the Court reinforced that access to information is not
only a right in itself but also an enabler of other rights.
PAIA as the Legislative Mechanism to Give Effect to Section 32
PAIA operationalises section 32 by providing a detailed procedure for
individuals to request information held by public and private bodies. Its
key objectives are:
To promote transparency, accountability, and effective
governance.
To enable any person to access information quickly, inexpensively,
and efficiently.
To balance the right to information with legitimate limitations,
such as privacy, commercial confidentiality, national security, and
law enforcement interests.
