, LCR4803 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025
- DUE August 2025;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Question 1 – The Constitutional Nexus of Information and
Expression
Ngcobo J’s observation in Brümmer v Minister for Social Development
and Others encapsulates the interdependence of constitutional rights.
Access to information is not only a right in itself under section 32 of the
Constitution, but also an enabling right for other freedoms — especially
freedom of expression under section 16.
1. PAIA as a legislative mechanism to give effect to the right
Section 32(1) of the Constitution guarantees everyone the right of
access to information held by the state and by private parties when
that information is required for the exercise or protection of rights.
The Promotion of Access to Information Act 2 of 2000 (PAIA)
was enacted to give effect to this constitutional right and to
promote transparency, accountability, and effective governance.
PAIA establishes procedures for requesting information, time
frames for responses, and grounds for refusal (e.g., protection of
privacy, commercial confidentiality, national security).
In Brümmer, Ngcobo J emphasised that PAIA must be interpreted
to facilitate access, not to obstruct it, as unnecessary barriers
undermine the constitutional purpose.
- DUE August 2025;100% trusted ,comprehensive and complete
reliable solution with clear explanation
Question 1 – The Constitutional Nexus of Information and
Expression
Ngcobo J’s observation in Brümmer v Minister for Social Development
and Others encapsulates the interdependence of constitutional rights.
Access to information is not only a right in itself under section 32 of the
Constitution, but also an enabling right for other freedoms — especially
freedom of expression under section 16.
1. PAIA as a legislative mechanism to give effect to the right
Section 32(1) of the Constitution guarantees everyone the right of
access to information held by the state and by private parties when
that information is required for the exercise or protection of rights.
The Promotion of Access to Information Act 2 of 2000 (PAIA)
was enacted to give effect to this constitutional right and to
promote transparency, accountability, and effective governance.
PAIA establishes procedures for requesting information, time
frames for responses, and grounds for refusal (e.g., protection of
privacy, commercial confidentiality, national security).
In Brümmer, Ngcobo J emphasised that PAIA must be interpreted
to facilitate access, not to obstruct it, as unnecessary barriers
undermine the constitutional purpose.
