n South African Journal on Human Rights - Brümmer's false election




concerned the constitutionality of a time-bar provision in the Promotion of Access to Information Act 2 of 2000. The offending provision, s 78(2), required applications in terms of s 82 of the Act challenging an unsuccessful application for information to be brought to court within 30 days. The Constitutional Court, in a unanimous judgment, found the section unconstitutional. But that is not the subject of this note. Of concern is a passage in the unanimous judgment which, although obiter dictum, occupies three paragraphs and criticises both the applicant's framing of the relief sought and the High Court's approach to applicant's prayers. The dictum imposes a false election on constitutional litigants, which may have far-reaching consequences.


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