Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
The Promotion of Access to Information Act was – as Ghandi said about Western civilization – “a good idea”. The problem is that for most of us mere mortals who do not have the time, money or the energy, it can seem impossible to get required information out of the government or big corporations.
As the SCA points out in the judgment in Claase v The Information Officer of South African Airways (handed down last week), there have been a slew of cases in which big corporations or the government have failed to swiftly deal with requests. Inevitably these cases ended up in court because the lawyers for the big boys threw up some technicality or another.
Mr Claase, a retired pilot, wrote no more than 10 emails to get the information he needed to sue SAA for not giving him the two business class seats he was entitled to as a retired pilot. That failed so he had to take the case al the way to
In his judgment justice Combrinck is quite scathing of the behaviour of SAA and its legal representatives. It makes for satisfying reading – especially if one has ever tried to book SAA voyager miles seats only to be sent from pillar to post.
But if Mr Claase was not an old employee of SAA who knew the ropes and if he was not retired and affluent, would he ever have gone to all the trouble to get the information he needed? If he lived in an informal settlement there was no hope in hell of him getting his information.
The lesson from this is that one should “go nuclear” in any request for access to information. Threaten with higher ups (“I know Jacob Zuma/Thabo Mbeki/Nelson Mandela”), insult and shout and bombard with so many emails and letters that they cannot ignore you.
Maybe once Ronald Suresh Roberts is done with the defamation trial, he could offer his services to poor people who need information out of a big corporation or the government. That way his “relentless” tenacity would be harnessed for a good cause and he will stay out of trouble.BACK TO TOP