n Without Prejudice - To know, or not to know : litigation
|Article Title||To know, or not to know : litigation|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Jul 2007|
|Pages||44 - 45|
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 Unitas Hospital v van Wyk and Another 2006 (4) SA 436 SCA, this practice is not permissible.
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