The North Gauteng High Court today issued an order in terms of which the Mbombela Municipality (Nelspruit) must provide reasons for rejecting civil rights organisation AfriForum’s request for access to municipal records relating to the notorious alienation of land in Nelspruit.
The purpose of the alienation of the land was to erect the new High Court for Mpumalanga. The tender was awarded to a company which promptly alienated the land to another company. The municipality consequently had to buy another piece of land where the new High Court can be erected. AfriForum requested access to the records in question to investigate the circumstances in which the tender had been awarded and to check whether the relevant legislation had been complied with.
The municipality failed to inform AfriForum of its decision regarding the request for access to the records. The municipality is therefore deemed to have rejected the request and AfriForum is consequently entitled to be provided with reasons as to why the request was turned down.
‘The purpose of gaining access to records is to ensure transparency and accountability on the side of public bodies,’ said Martine Viljoen of Hurter Spies Inc. ‘It is unfortunate that the courts have to be approached to obtain access to records and to ensure that public bodies comply with the provisions of the Promotion of Access to Information Act.’ The execution of the court order is now being awaited.
