LCR4803 MEDIA LAW
ASSIGNMENT 1 SEMESTER 02 2025
, Question 1: The Constitutional Nexus of Information and Expression
In Brümmer v Minister for Social Development and Others,1 Ngcobo J underscored the
intimate connection between access to information and the exercise of other
constitutional rights, particularly freedom of expression. He observed that without the
ability to access information, individuals and the media cannot meaningfully receive or
impart ideas a freedom that lies at the core of a democratic society. This statement is
not merely philosophical; it is deeply rooted in the constitutional framework of South
Africa, where section 16 of the Constitution 2 guarantees freedom of expression, and
section 32 explicitly grants the right of access to information.
The Promotion of Access to Information Act (PAIA) 3 was enacted to give practical effect
to section 32. PAIA provides a statutory mechanism through which individuals whether
journalists, activists, or ordinary citizens can request information held by the state or
private bodies when it is required for the exercise or protection of rights. However, as
Brümmer highlighted, legislative mechanisms can sometimes contain procedural and
financial barriers that undermine their constitutional purpose. In this case, the
Constitutional Court found certain PAIA provisions such as restrictive time frames for
lodging applications and potential cost implications to be unconstitutional because they
discouraged individuals from exercising their right to seek information. 4
The judgment also reaffirmed the media’s essential democratic role: to act as a public
watchdog, holding government and other powerful actors accountable. Access to
information enables investigative journalism, exposes wrongdoing, and fosters informed
public debate.5 Without timely and affordable access, this role is compromised,
weakening democratic oversight.
That said, Brümmer also acknowledged that the right to access information is not
absolute. There can be legitimate tensions between this right and other constitutional
1 Brümmer v Minister for Social Development and Others 2009 (6) SA 323 (CC).
2 Constitution of the Republic of South Africa, 1996.
3 Promotion of Access to Information Act 2 of 2000.
4 Currie, I. & Klaaren, J. (2002). The Promotion of Access to Information Act Commentary. Cape
Town: Siber Ink.
5 South African National Defence Union v Minister of Defence 1999 (4) SA 469 (CC).
ASSIGNMENT 1 SEMESTER 02 2025
, Question 1: The Constitutional Nexus of Information and Expression
In Brümmer v Minister for Social Development and Others,1 Ngcobo J underscored the
intimate connection between access to information and the exercise of other
constitutional rights, particularly freedom of expression. He observed that without the
ability to access information, individuals and the media cannot meaningfully receive or
impart ideas a freedom that lies at the core of a democratic society. This statement is
not merely philosophical; it is deeply rooted in the constitutional framework of South
Africa, where section 16 of the Constitution 2 guarantees freedom of expression, and
section 32 explicitly grants the right of access to information.
The Promotion of Access to Information Act (PAIA) 3 was enacted to give practical effect
to section 32. PAIA provides a statutory mechanism through which individuals whether
journalists, activists, or ordinary citizens can request information held by the state or
private bodies when it is required for the exercise or protection of rights. However, as
Brümmer highlighted, legislative mechanisms can sometimes contain procedural and
financial barriers that undermine their constitutional purpose. In this case, the
Constitutional Court found certain PAIA provisions such as restrictive time frames for
lodging applications and potential cost implications to be unconstitutional because they
discouraged individuals from exercising their right to seek information. 4
The judgment also reaffirmed the media’s essential democratic role: to act as a public
watchdog, holding government and other powerful actors accountable. Access to
information enables investigative journalism, exposes wrongdoing, and fosters informed
public debate.5 Without timely and affordable access, this role is compromised,
weakening democratic oversight.
That said, Brümmer also acknowledged that the right to access information is not
absolute. There can be legitimate tensions between this right and other constitutional
1 Brümmer v Minister for Social Development and Others 2009 (6) SA 323 (CC).
2 Constitution of the Republic of South Africa, 1996.
3 Promotion of Access to Information Act 2 of 2000.
4 Currie, I. & Klaaren, J. (2002). The Promotion of Access to Information Act Commentary. Cape
Town: Siber Ink.
5 South African National Defence Union v Minister of Defence 1999 (4) SA 469 (CC).
