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Arms Deal Case - 4th Respondent Heads

In deciding whether it is just and equitable to grant the relief sought by applicant under the provisions of section 82 of the Promotion of Access to Information Act, 2 of 2000 (“the Act”), this Court will, we submit, have regard inter alia to :

1.1 the degree to which the applicant has established a legitimate right or interest requiring protection; proper particularisation of the information which is required and a rational and sufficient explanation demonstrating how that information will assist in the exercise or protection of the right;
1.2 that all persons likely to be affected by the grant of relief and having an interest in the proceedings have been joined;
1.3 the nature of the objections raised against the disclosure of documents by those joined; and
1.4 whether the relief is competent or desirable in the light of subsequent conduct by the applicant - in casu the institution of an action for damages.


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