, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1: The Constitutional Nexus of Information and Expression
In Brümmer v Minister for Social Development and Others (CCT 25/09) [2009] ZACC 21, Ngobo
J's statement emphasizes the fundamental role of access to information in the realization of
constitutional rights, particularly the right to freedom of expression, which includes the freedom of
the press and the right to receive and impart information.
The Role of PAIA in Ensuring Access to Information
The Promotion of Access to Information Act 2 of 2000 (PAIA) is the legislative tool that implements
the right to access information guaranteed by Section 32 of the South African Constitution. PAIA
facilitates transparency by allowing individuals to request information held by both public and
private bodies that is required for the protection or exercise of their rights1.PAIA ensures that citizens
have the right to obtain information from the state and other entities, enabling them to hold the
government and private bodies accountable2.
Constitutional Challenges in Brümmer and Their Implications
In Brümmer, one of the main challenges was the unconstitutionality of certain provisions of PAIA,
particularly Section 78(2), which failed to provide a reasonable timeline for individuals to seek
judicial review when information was denied3. The Court ruled that the lack of a clear and accessible
remedy for individuals to contest denials of information violated constitutional rights. This decision
reinforces the need for a legal framework that not only facilitates access to information but also
ensures individuals can swiftly seek redress when their rights are infringed.
The Media's Role in a Democratic Society
The media's role in a democracy is critical, as it serves as a check on government power by ensuring
transparency and accountability3. In Brümmer, the Court emphasized that the media relies on access
to accurate information to fulfill its essential role in informing the public and shaping democratic
discourse. The right to freedom of expression, including the freedom of the press, is central to this
function. Freedom of expression is a cornerstone of democracy, and without access to information,
the media cannot effectively hold government officials accountable4.
Tension Between Access to Information and Other Rights
While the right to access information is foundational, it may sometimes conflict with other
constitutional rights such as privacy, dignity, or national security5 . The tension between these rights
was explored in Brümmer, where the Court had to balance the right to information with the need to
protect other interests. Section 16 of the Constitution limits freedom of expression when it conflicts
with other fundamental rights, such as privacy or national security5, such limitations are necessary to
maintain a balance between the right to access information and the protection of other rights,
ensuring that no single right becomes absolute at the expense of others.
1: (LCR4803 Study Guide, p. 115)
2: (LCR4803 Study Guide, p. 116)
3: (LCR4803 Study Guide, p. 115)
4: (LCR4803 Study Guide, p. 112)
5: (LCR4803 Study Guide, p. 116)
Question 1: The Constitutional Nexus of Information and Expression
In Brümmer v Minister for Social Development and Others (CCT 25/09) [2009] ZACC 21, Ngobo
J's statement emphasizes the fundamental role of access to information in the realization of
constitutional rights, particularly the right to freedom of expression, which includes the freedom of
the press and the right to receive and impart information.
The Role of PAIA in Ensuring Access to Information
The Promotion of Access to Information Act 2 of 2000 (PAIA) is the legislative tool that implements
the right to access information guaranteed by Section 32 of the South African Constitution. PAIA
facilitates transparency by allowing individuals to request information held by both public and
private bodies that is required for the protection or exercise of their rights1.PAIA ensures that citizens
have the right to obtain information from the state and other entities, enabling them to hold the
government and private bodies accountable2.
Constitutional Challenges in Brümmer and Their Implications
In Brümmer, one of the main challenges was the unconstitutionality of certain provisions of PAIA,
particularly Section 78(2), which failed to provide a reasonable timeline for individuals to seek
judicial review when information was denied3. The Court ruled that the lack of a clear and accessible
remedy for individuals to contest denials of information violated constitutional rights. This decision
reinforces the need for a legal framework that not only facilitates access to information but also
ensures individuals can swiftly seek redress when their rights are infringed.
The Media's Role in a Democratic Society
The media's role in a democracy is critical, as it serves as a check on government power by ensuring
transparency and accountability3. In Brümmer, the Court emphasized that the media relies on access
to accurate information to fulfill its essential role in informing the public and shaping democratic
discourse. The right to freedom of expression, including the freedom of the press, is central to this
function. Freedom of expression is a cornerstone of democracy, and without access to information,
the media cannot effectively hold government officials accountable4.
Tension Between Access to Information and Other Rights
While the right to access information is foundational, it may sometimes conflict with other
constitutional rights such as privacy, dignity, or national security5 . The tension between these rights
was explored in Brümmer, where the Court had to balance the right to information with the need to
protect other interests. Section 16 of the Constitution limits freedom of expression when it conflicts
with other fundamental rights, such as privacy or national security5, such limitations are necessary to
maintain a balance between the right to access information and the protection of other rights,
ensuring that no single right becomes absolute at the expense of others.
1: (LCR4803 Study Guide, p. 115)
2: (LCR4803 Study Guide, p. 116)
3: (LCR4803 Study Guide, p. 115)
4: (LCR4803 Study Guide, p. 112)
5: (LCR4803 Study Guide, p. 116)
