LCR4803
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Question 1: The Constitutional Nexus of Information and Expression
Case focus: Brümmer v Minister for Social Development and Others 2009 (6) SA 323
(CC)
1. Introduction
Ngcobo J’s statement recognises the interdependence between access to information
(s 32 of the Constitution) and freedom of expression (s 16). The Brümmer judgment
highlights that without information, expression is hollow — especially for the media,
whose democratic function depends on transparency.
2. PAIA as a legislative mechanism
Purpose: PAIA gives legislative effect to s 32 of the Constitution, which provides
that everyone has the right of access to any information held by the State and by
private bodies when required for the exercise or protection of any rights.
Mechanism:
o Sets procedural rules for requesting information (Part 2 — public bodies;
Part 3 — private bodies).
o Provides grounds for refusal (Chapter 4), balancing access with other
interests (e.g., privacy, commercial confidentiality, national security).
o Promotes transparency, accountability, and good governance.
Constitutional alignment: In Brümmer, the Constitutional Court assessed
whether PAIA’s procedural requirements were reasonable and consistent with s
32.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Question 1: The Constitutional Nexus of Information and Expression
Case focus: Brümmer v Minister for Social Development and Others 2009 (6) SA 323
(CC)
1. Introduction
Ngcobo J’s statement recognises the interdependence between access to information
(s 32 of the Constitution) and freedom of expression (s 16). The Brümmer judgment
highlights that without information, expression is hollow — especially for the media,
whose democratic function depends on transparency.
2. PAIA as a legislative mechanism
Purpose: PAIA gives legislative effect to s 32 of the Constitution, which provides
that everyone has the right of access to any information held by the State and by
private bodies when required for the exercise or protection of any rights.
Mechanism:
o Sets procedural rules for requesting information (Part 2 — public bodies;
Part 3 — private bodies).
o Provides grounds for refusal (Chapter 4), balancing access with other
interests (e.g., privacy, commercial confidentiality, national security).
o Promotes transparency, accountability, and good governance.
Constitutional alignment: In Brümmer, the Constitutional Court assessed
whether PAIA’s procedural requirements were reasonable and consistent with s
32.
