PAIA

Facts: Mr Schreiber (applicant) is a member of the National Assembly and represents the second applicant, the Democratic Alliance. He made a request for information to the ANC pertaining to their cadre deployment and this was refused.

Application: Seeking that the decision to refuse his request is set aside and that the ANC be directed to provide all the information sought.

Discussion: The Promotion of Access to Information Act 2 of 2000 (PAIA); that the ANC is a private body for the purposes of the Act; right of access in terms of section 50(1)(a); whether Mr Schreiber requested access for a particular right; the denial by the ANC that it has loyalty as a precondition for employment in the public sector; the wishes of the Deployment Committee; the evidence before the Zondo Commission that not only does the Committee get involved with “judicial appointments” and that it recommended names of persons as candidates for the Bench; and the evidence before the Zondo Commission that Comrades, once deployed, are expected to work on behalf of the ANC movement.

Findings: The DA wishes to enact legislation to govern the practice of cadre deployment and to control its detrimental impact on the public. As a member of Parliament, Mr Schreiber has a duty of oversight over appointments to organs of state and the performance of organs of state. The records are required for these purposes.

Order: The decision of the ANC to refuse Mr Schreiber’s request for access to information is declared unlawful and set aside. The ANC is directed to provide all the records and information sought within 5 court days.

WEPENER J