This case concerned an unfair dismissal of an Employee on medical grounds. The Court ruled the grounds spurious and a sham, that the Employer was using the Employee's medical condition to purge a diligent and committed employee. The Employee was awarded 24 months' compensation.
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The applicant is a supplier of specialised software and computer systems for defence applications. It was excluded as the supplier of sub-systems to be installed on Corvettes ordered by the Department of Defence for use by the South African Navy. It believes the exclusion to have been unlawful.
Those sub-systems formed part of the so-called Strategic Defence Packages ("the SDPs") for the procurement of armaments for the South African National Defence Force. There was a joint investigation into the SDPs by the first, second and third respondents. The investigation had a public phase, chaired by the second respondent. The applicant's managing director, Richard Young ("Young"), who also deposed to the founding and replying affidavits in this matter, testified at those hearings.
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The structure of the Act presupposes that the Information Officer is well-placed to respond meaningfully to the request; more particularly is able correctly to discharge the statutory function of protecting rights of third parties be they government departments of private persons. The position of the Information Officer in this case was one far distant from the merits of the dispute and it was opportunistic and unsatisfactory for the applicant to direct his request to the first respondent in all the circumstances of the case. Requests should better have been made to the Department of Defence; Finance and to Armscor and to ADS. The unnecessary complications created by the misdirection of the request should be taken into account in the exercise of a discretion.
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During or about August 1998 the Cabinet approved the SDP. Thereafter a number of doubts, criticisms and allegations of impropriety were raised by a number of interested parties, notably in Parliament. The First Respondent performed a high level review, which found its way to the Standing Committee on Public Accounts. The entire process which followed thereon was fraught with political intrigues and developments. Disquiet persisted, and it was obvious that the entire matter called for a proper investigation.
During November 2000 the First, Second and Third Respondents were appointed as a joint commission to investigate the propriety of the entire SDP. This in itself did not occur without intense public debate, caused mainly by the exclusions of the erstwhile Heath investigation unit. Nevertheless, the First, Second and Third Respondents undertook their commission with fortitude, and eventually presented their joint report to Parliament on 14 November 2001. The report was accepted and approved by Parliament.
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Having Heard Counsel for the Parties and Having Read the Documents Filed in Court Reserved its Judgement. Thereafter on this day of the court orders...
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This application is one for access to information obtained by the commission during the investigation. It is brought in terms of Act 2 of 2000, the Promotion of Access to Information Act (the Act). The applicant is a supplier of specialised software and computer systems for defence applications. It was excluded as a supplier of sub-systems to be installed on Corvettes ordered by the Department of Defence for use by the South African Navy. It believes that the exclusion was unlawful. The second respondent is the Public Protector. The third respondent is the National Director of Public Prosecutions. The Fourth respondent is the Minister of Defence.
The first respondent was ordered to provide the applicant with a number of records. The respondents were ordered jointly and severally to pay the applicants costs of the application inclusive of the costs of two counsel.
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The Open Democracy Advice seeks to intervene in the matter between CCII Systems (Pty) Limited v Shauket Fakie and others for purposes of making submissions relating to the application of section 32 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) and the relevant provisions of the Promotion of Access to Information Act, No. 2 of 2000 ("the PAI Act").
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The application of THE OPEN DEMOCRACY ADVICE CENTRE (Amicus curiae)
In the matter between: THE TRUSTEES FOR THE BIOWATCH TRUST (Applicant). ODAC’s interest in this case stems from the fact that it represented an opportunity for ground rules relating to the interaction of the Constitution and the PAI Act to be determined. This was important since there were no previous dicta from the courts concerning this aspect of access to information.
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The Open Democracy Advice Centre (amicus curiae) sought to intervene in the matter between The Trustees for the Time Being of the BioWatch Trust v The Registrar: Genetic Resources and Others Case No. 23005/2002 ("the main application") for purposes of making submissions relating to the application of section 32 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) and the Promotion of Access to Information Act, No. 2 of 2000 ("the PAI Act") to the main application.
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Granting ODAC leave to be admitted as Amicus Curiae in the above proceedings on such terms and conditions as the Honourable Court may admit and with such rights and privileges as the court may determine.
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The case arose out of a request that the applicant, a journalist, made to the Department of Social Development for access to certain information. The Director-General refused this request.
This is an application to review an arbitration award made by the first respondent (the commissioner) in terms of which he had found that the applicant did not have the capacity to appoint a chairperson who is not an employee, as envisaged in the Public Service Act (the PSA), to chair disciplinary hearings of its employees.
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This is an application brought by the applicants leave to appeal against the whole Judgement of Judge Fevrier delivered on 15 December 2005.
The applicants application to review and set aside the repsondent's to refuse the applicant's access to information held by the repsondent was dismissed with costs.
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The Applicant, Earthlife Africa (Cape Town branch), was established to campaign against environmental injustices in the Cape Town area, promote lobbying for good governance and informed, sustainable decision-making. Applicant claims that Eskom has failed to properly justify its non-disclosure of any of the board minutes requested, and its decision is contrary to the Constitution and the Information Act.
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The respondent (Eskom) succeeded in demonstrating that the information sught by the applicant (Earthlife Africa) was protected from disclosure.
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Earthlife Africa, Cape Town Branch, applied to the Honourable Court for the following court order:
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The applicant disclosed information regarding improper travel benefits claimed by Members of Parliament. The employer argued that MPs are neither the employer of the applicant nor the employees of the respondent and therefore the disclosures were not protected in terms of the protected Disclosures Act. An important aspect to this case is that the court found that the definition of employee in the PDA is wider than the definition in the Labour Relations Act and that Parliament does have business which is to legislate for the Republic of South Africa and MPs perform duties for Parliament, being an organ of the State. The court held that MPs were both employees and employers.
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Pursuant to research for a MA thesis, the applicant requested documents pertaining to the labour situation at ISCOR's Vanderbijlpark plant from 1965 to 1973. ISCOR management refused this request. The applicant seeks assistance from the court in obtaining these records.
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Mondli Shadrack Hlatshwayo applies for a court order directing Iscor to make available copies of various specified documents.
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