The Promotion of Access to Information Act, 2000 gives effect to the constitutional right of access to information.  The Act does not apply to documents (including medical records) sought after the commencement of proceedings, which the other party should be requested to discover in terms of the relevant rules of court. 

Put simply (as the Supreme Court of Appeal did in Unitas Hospital v Van Wyk and Another 2006 (4) SA 436 (SCA)) “once court proceedings between the parties have commenced, the rules of discovery take over”.  The Constitutional Court later confirmed this approach in PFE International Inc (BVI) and Others v Industrial Development Corporation of South Africa Ltd 2013 (1) SA 1 (CC). 

Using the Act instead awaiting discovery of documents by the defendant will not usually be allowed.  A person issuing summons tacitly accepts that they already have enough information on which to do so and must await discovery for anything more they want.  A court can condone the production of documents improperly obtained under the Act during the course of litigation if it is in the interests of justice to do so.  Debates regarding the interests of justice are best avoided by using the rules of discovery once litigation has commenced.

Documents held by third parties can also be introduced by way of the subpoena process and should also be discovered.