LettersOpinion

They cannot refuse

‘Ratepayer’ writes:- I ATTENDED the meeting of the AbaQulusi Residents Association last week and during the meeting it was said, I think by Mr Combrinck, that the ARA had applied for copies of contracts from the municipality, and that the municipality had refused to give them copies. It was said that the ARA had applied …

‘Ratepayer’ writes:-

I ATTENDED the meeting of the AbaQulusi Residents Association last week and during the meeting it was said, I think by Mr Combrinck, that the ARA had applied for copies of contracts from the municipality, and that the municipality had refused to give them copies. It was said that the ARA had applied in term of the Access of Information Act. The municipality cannot just refuse to comply. It is obliged to either provide the documents requested or, in writing, state why it will not. And it can only refuse to do so in very specific cases. The Act is on the Internet for the full reasons, but they include the protection of privacy of a third party, the protection of certain records of South African Revenue Service, the protection of commercial information of a third party, the protection of safety of individuals, and protection of property… the list goes on. They can refuse too if they consider the request “Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources”. This obviously is not the case with the ARA’s requests where the information requested is requested in the public interest. I am not a lawyer but I would suggest that if the ARA has a “paper trail” to prove the request was made, it should now go to the SAPS and lay a criminal charge against the municipality in terms of the Act.

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