, LCR4803 Assignment 1 Semester 1 2026 - DUE 18 March 2026
Question 1: PAIA and Judicial Access Rights
Critically analyse Brümmer v Minister for Social Development and
Others 2009 (6) SA 323 (CC), evaluating how the Constitutional Court
reconciled section 32 constitutional access to information rights with
PAIA’s procedural limitations.
In Brümmer, the Constitutional Court was confronted with the tension
between the constitutional guarantee of access to information under
section 32 of the Constitution and the statutory regime created by the
Promotion of Access to Information Act 2 of 2000 (PAIA). Section 32(1)
provides that “everyone has the right of access to — (a) any
information held by the state; and (b) any information that is held by
another person and that is required for the exercise or protection of
any rights.” PAIA, in turn, was enacted as the primary legislation giving
effect to this constitutional right, prescribing procedural steps, grounds
for refusal, and internal appeal mechanisms.
Facts and Core Issue
In Brümmer, the applicant, a journalist, sought access to information
held by the Department of Social Development relating to the
administration of social grants. The Department refused the request on
the basis that the records were exempt from disclosure under PAIA.
The applicant challenged both the refusal and the constitutionality of
PAIA’s procedural and substantive provisions. The central issue was
whether PAIA’s limitations unjustifiably undermined the constitutional
right to access information.
Question 1: PAIA and Judicial Access Rights
Critically analyse Brümmer v Minister for Social Development and
Others 2009 (6) SA 323 (CC), evaluating how the Constitutional Court
reconciled section 32 constitutional access to information rights with
PAIA’s procedural limitations.
In Brümmer, the Constitutional Court was confronted with the tension
between the constitutional guarantee of access to information under
section 32 of the Constitution and the statutory regime created by the
Promotion of Access to Information Act 2 of 2000 (PAIA). Section 32(1)
provides that “everyone has the right of access to — (a) any
information held by the state; and (b) any information that is held by
another person and that is required for the exercise or protection of
any rights.” PAIA, in turn, was enacted as the primary legislation giving
effect to this constitutional right, prescribing procedural steps, grounds
for refusal, and internal appeal mechanisms.
Facts and Core Issue
In Brümmer, the applicant, a journalist, sought access to information
held by the Department of Social Development relating to the
administration of social grants. The Department refused the request on
the basis that the records were exempt from disclosure under PAIA.
The applicant challenged both the refusal and the constitutionality of
PAIA’s procedural and substantive provisions. The central issue was
whether PAIA’s limitations unjustifiably undermined the constitutional
right to access information.
