The Democratic Alliance (DA) received access to information pertaining to Stellenbosch University’s investigation on the appointment of incumbent SU chancellor, retired justice Edwin Cameron.
The information was requested by DA member of parliament, dr Leon Schreiber, using the Promotion of Access to Information Act (PAIA).
“I can confirm that our lawyers received the documents on Thursday, 20 August and are currently studying them,” said Schreiber.
According to a statement published on the DA’s website on 14 August, this access was granted by a court order issued by the Western Cape High Court, on 13 August.
In the statement written by Schreiber, he alleged that Stellenbosch University (SU) broke the law by denying his PAIA request, which resulted in the DA taking SU to court to challenge the denial of access.
“The Western Cape High Court confirmed that the management of Stellenbosch University (SU), led by rector Wim de Villiers, broke the law by trying to keep information of critical public importance [a] secret,” said Schreiber in the statement.
“I have the right to see the evidence that was considered when making a decision on something that has a wide-ranging public impact, like a language policy or chancellor appointment,” Schreiber told MatieMedia.
The series of events leading up to the Promotion of Access to Information Act (PAIA). INFOGRAPHIC: Masego Mafata
SU denied this allegation and disagreed that the Western Cape High Court confirmed that management broke the law, said Martin Viljoen, SU spokesperson.
Understanding a PAIA
SU initially denied Schreiber’s PAIA request because the institution was under the impression that the release of the records could be denied in terms of Section 44(1)(a) of the PAIA, Viljoen said.
Section 44(1)(a) of the Promotion Access to Information Act (PAIA) makes provision for the denial of PAIA requests. The Act became part of South Africa’s legislation in 2000. INFOGRAPHIC: Masego Mafata/SOURCE: South African Police Service
“The court order, however, determine[d] that the denial was not in accordance with the provisions of the act,” said Viljoen.
According to a statement published by SU on 17 August 2020, the underlying documents and information now being provided to the DA and Schreiber will confirm the findings of SU’s independent investigation into the appointment of retired justice Edwin Cameron
The PAIA makes provision for refusal of access to the requester of information, therefore it is not illegal to refuse the request to access information, said Dario Milo, dispute resolution practice partner and media lawyer at Webber Wentzel.
“If [the grounds for refusal] are incorrectly relied on, the requester can go to court to obtain access,” said Milo.
Dr Leon Schreiber, a leader in the Democratic Alliance and Stellenbosch University (SU) alumnus, submitted the promotion of access to information, following an independent investigation launched by SU into the appointment of justice Edwin Cameron as SU’s chancellor. PHOTO: Twitter/@Leon_Schreib
In addition to granting him access to the information, SU will also be paying the legal costs incurred by Schreiber and the DA to attain the court order, Schreiber said.