LCR4803
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Media Law
Question 1: The Constitutional Nexus of Information and Expression
Introduction & Constitutional Framework
Access to information is indispensable to the realization of constitutional rights,
particularly freedom of expression, which includes freedom of the press, and the right to
receive or impart information—core tenets affirmed by Ngcobo J in Brümmer v Minister
for Social Development and Others. The Constitution enshrines the right of access to
information (s 32) and freedom of expression (s 16), creating an interdependent
relationship.
PAIA as Legislative Mechanism
PAIA (Promotion of Access to Information Act 2 of 2000) was enacted to give effect to
section 32 of the Constitution. Its objects include fostering transparency, accountability,
and empowering everyone to understand and exercise their rights. PAIA provides both
internal appeal mechanisms and recourse to courts when access is denied.
Constitutional Challenges in Brümmer
In Brümmer, the Constitutional Court held that section 78(2) of PAIA—which imposed a
30-day limit for judicial review after an internal appeal—was unconstitutional. The time
frame was “grossly inadequate,” unjustifiably limiting both access to information and
access to the courts (rights under s 32 and s 34). The Court confirmed a High Court
order and temporarily extended the period to 180 days, pending legislative reform.
Role of the Media and Access to Information
The media serves as a democratic watchdog, facilitating public debate, accountability,
and informed citizenry—all underpinned by access to information. Without effective
access mechanisms, the media’s capacity to play this role is severely curtailed.
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Media Law
Question 1: The Constitutional Nexus of Information and Expression
Introduction & Constitutional Framework
Access to information is indispensable to the realization of constitutional rights,
particularly freedom of expression, which includes freedom of the press, and the right to
receive or impart information—core tenets affirmed by Ngcobo J in Brümmer v Minister
for Social Development and Others. The Constitution enshrines the right of access to
information (s 32) and freedom of expression (s 16), creating an interdependent
relationship.
PAIA as Legislative Mechanism
PAIA (Promotion of Access to Information Act 2 of 2000) was enacted to give effect to
section 32 of the Constitution. Its objects include fostering transparency, accountability,
and empowering everyone to understand and exercise their rights. PAIA provides both
internal appeal mechanisms and recourse to courts when access is denied.
Constitutional Challenges in Brümmer
In Brümmer, the Constitutional Court held that section 78(2) of PAIA—which imposed a
30-day limit for judicial review after an internal appeal—was unconstitutional. The time
frame was “grossly inadequate,” unjustifiably limiting both access to information and
access to the courts (rights under s 32 and s 34). The Court confirmed a High Court
order and temporarily extended the period to 180 days, pending legislative reform.
Role of the Media and Access to Information
The media serves as a democratic watchdog, facilitating public debate, accountability,
and informed citizenry—all underpinned by access to information. Without effective
access mechanisms, the media’s capacity to play this role is severely curtailed.
