Sithetho v Information Officer, DoE [2024] ZAECMHC 35

Let’s dive into the case of Sithetho v Information Officer, Department of Higher Education [2024] ZAECMHC 35.

Court and date of decision

High Court of South Africa, Eastern Cape Division, Mthatha, 24 May 2024

Key facts

• The applicant, Zukisani Sithetho, was an employee of the Department of Higher Education and Training at KSD TVET College, Cicira Campus.
• He was on suspension due to certain allegations against him.
• Sithetho wanted access to his employment contract and the record of a hearing held on 16 February 2022, invoking PAIA.

Application

• Sithetho requested the court to compel the Information Officer of the Department of Higher Education and Training to provide the requested records.
• He also sought to review and set aside the respondent’s failure to respond to his application.

Discussion

• The respondent argued that PAIA was not applicable since the applicant requested information after the commencement of criminal and civil proceedings.
• The respondent also raised points of improper citation and non-joinder of the KSD TVET College.

Findings

• The court found that the applicant incorrectly cited the Information Officer for the Department of Higher Education instead of the relevant officer at KSD TVET College.
• The court upheld the points of non-joinder and misjoinder.
• Additionally, the court noted that PAIA could not be invoked as there were pending criminal proceedings involving the applicant, and the information could have been accessed under section 45(1) of the Further Education and Training Act 16 of 2006.

Order

The court (Kunju AJ) dismissed the application with no costs order.

Practical impact for clients

• This decision underscores the importance of proper citation and joinder in legal applications.
• It also highlights the limitations of PAIA in cases involving pending criminal or civil proceedings.

Recommended actions

1. Correct citation: Ensure that the correct parties are cited in legal applications to avoid dismissal on technical grounds.
2. Appropriate legal framework: Use the appropriate legal framework to request information, especially in cases involving pending legal proceedings.
3. Legal advice: Consult with legal experts to navigate complex legal requirements and avoid procedural pitfalls.

How ITLawCo can help

ITLawCo offers legal support to ensure that requests for information comply with applicable laws. Our team assists in:

• correctly identifying and citing the appropriate parties in legal applications.
• advising on the appropriate legal frameworks for accessing information.
• navigating complex legal procedures to protect and enforce your rights.

By leveraging ITLawCo’s expertise, you can effectively manage legal processes and protect your interests. Contact us today.

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