n Without Prejudice - To know, or not to know : litigation

Volume 7, Issue 6
  • ISSN : 1681-178X



There is a continuing tendency by parties in a potential litigation to use the provisions of the Promotion of Access to Information Act (2 of 2000) to secure early discovery of documentation before the commencement of legal proceedings, on the basis that the documents could assist them to formulate a claim against a potential defendant. According to a recent majority judgement in the matter of 2006 (4) SA 436 SCA, this practice is not permissible.

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