# Promotion of Access to Information Act, 2000/2009-02-17

This is the text of the Promotion of Access to Information Act, 2000, as it was on 17 February 2009, after it was amended by sections 27 and 28 of the Judicial Matters Amendment Act, 2008, which came into operation when it was published on that date.
(English text signed by the President.) (Assented to 2 February 2000.)
Act
To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith.
as amended by
Financial Intelligence Centre Act, No. 38 of 2001 Judicial Matters Amendment Act, No. 42 of 2001 Promotion of Access to Information Amendment Act, No. 54 of 2002 Judicial Matters Second Amendment Act, No. 55 of 2003 Judicial Matters Amendment Act, No. 66 of 2008
Preamble
Recognising that—
* the system of government in South Africa before 27 April 1994, amongst others, resulted in a secretive and unresponsive culture in public and private bodies which often led to an abuse of power and human rights violations;
* section 8 of the Constitution provides for the horizontal application of the rights in the Bill of Rights to juristic persons to the extent required by the nature of the rights and the nature of those juristic persons;
* section 32(1)(a) of the Constitution provides that everyone has the right of access to any information held by the State;
* section 32(1)(b) of the Constitution provides for the horizontal application of the right of access to information held by another person to everyone when that information is required for the exercise or protection of any rights;
* and national legislation must be enacted to give effect to this right in section 32 of the Constitution;
and bearing in mind that—
* the State must respect, protect, promote and fulfil, at least, all the rights in the Bill of Rights which is the cornerstone of democracy in South Africa;
* the right of access to any information held by a public or private body may be limited to the extent that the limitations are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in section 36 of the Constitution;
* reasonable legislative measures may, in terms of section 32(2) of the Constitution, be provided to alleviate the administrative and financial burden on the State in giving effect to its obligation to promote and fulfil the right of access to information;
and in order to—
* foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information;
* actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights,
Be it therefore enacted by the Parliament of the Republic of South Africa, as follows:―
Contents of Act
Section
Part 1 Introductory provisions
Chapter 1 Definitions and interpretation
1.
2.
Chapter 2 General application provisions
3.
4.
5.
6.
7.
8.
Chapter 3 General introductory provisions
9.
10.
Part 2 Access to records of public bodies
Chapter 1 Right of access, and specific application provisions
11.
12.
13.
Chapter 2 Publication and availability of certain records
14.
15.
16.
Chapter 3 Manner of access
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Chapter 4 Grounds for refusal of access to records
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Chapter 5 Third party notification and intervention
47.
48.
49.
Part 3 Access to records of private bodies
Chapter 1 Right of access
50.
Chapter 2 Publication and availability of certain records
51.
52.
Chapter 3 Manner of access
53.
54.
55.
56.
57.
58.
59.
60.
61.
Chapter 4 Grounds for refusal of access to records
62.
63.
64.
65.
66.
67.
68.
69.
70.
Chapter 5 Third party notification and intervention
71.
72.
73.
Part 4 Appeals against decisions
Chapter 1 Internal appeals against decisions of information officers of certain public bodies
74.
75.
76.
77.
Chapter 2 Applications to court
78.
79.
80.
81.
82.
Part 5 Human Rights Commission
83.
84.
85.
Part 6 Transitional arrangements
86.
87.
88.
Part 7 General provisions
89.
90.
91.
91A.
92.
93.
Schedule
Part 1 Introductory provisions
Chapter 1 Definitions and interpretation
Definitions
1. In this Act, unless the context otherwise indicates—
“access fee” means a fee prescribed for the purposes of section 22(6) or 54(6), as the case may be;
“application” means an application 10 a court in terms of section 78;
“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
“court” means—
(a)
(b)
(i)
(ii)
within whose area of jurisdiction—
(aa)
(bb)
(cc)
“evaluative material” means an evaluation or opinion prepared for the purpose of determining—
(a)
(i)
(ii)
(iii)
(iv)
(b)
“head” of, or in relation to, a private body means—
(a)
(b)
(c)
(i)
(ii)
“health practitioner” means an individual who carries on, and is registered in terms of legislation to carry on, an occupation which involves the provision of care or treatment for the physical or mental health or for the well-being of individuals;
“Human Rights Commission” means the South African Human Rights Commission referred to in section 181(1)(b) of the Constitution;
“individual's next of kin” means—
(a)
(b)
(c)
(d)
(i)
(ii)
an individual who is related to the individual in the second degree of affinity or consanguinity;
“information officer” of, or in relation to, a public body—
(a)
organisational component—
(i)
(ii)
(b)
(c)
“internal appeal” means an internal appeal to the relevant authority in terms of section 74;
“international organisation” means an international organisation—
(a)
(b)
“Minister” means the Cabinet member responsible for the administration of justice;
“notice” means notice in writing, and “notify” and “notified” have corresponding meanings;
“objects of this Act” means the objects of this Act referred to in section 9;
“official”, in relation to a public or private body, means—
(a)
(b)
“person” means a natural person or a juristic person;
“personal information” means information about an identifiable individual, including, but not limited to—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
but excludes information about an individual who has been dead for more than 20 years;
“personal requester” means a requester seeking access to a record containing personal information about the requester;
“prescribed” means prescribed by regulation in terms of section 92;
“private body” means—
(a)
(b)
(c)
but excludes a public body;
“public safety or environmental risk” means harm or risk to the environment or the public (including individuals in their wmkplace) associated with—
(a)
(b)
(c)
(d)
(e)
“public body” means—
(a)
(b)
(i)
(ii)
“record” of, or in relation to, a public or private body, means any recorded information—
(a)
(b)
(c)
“relevant authority”, in relation to—
(a)
(i)
(ii)
(b)
(i)
(ii)
(c)
(i)
(ii)
(iii)
designated in writing by the Municipal Council of that municipality;
“request for access”, in relation to—
(a)
(b)
“requester”, in relation to—
(a)
(i)
(ii)
(b)
(i)
(ii)
“subversive or hostile activities” means—
(a)
(b)
(c)
(d)
“third party”, in relation to a request for access to—
(a)
(i)
(ii)
(b)
but, for the purposes of sections 34 and 63, the reference to “person” in paragraphs (a) and (b) must be construed as a reference to “natural person”;
“this Act” includes any regulation made and in force in terms of section 92;
“transfer”, in relation to a record, means transfer in terms of section 20(1) or (2), and “transferred” has a corresponding meaning;
“working days” means any days other than Saturdays, Sundays or public holidays, as defined in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994).
Interpretation of Act
2. (1) When interpreting a provision of this Act, every court must prefer any reasonable interpretation of the provision that is consistent with the objects of this Act over any alternative interpretation that is inconsistent with those objects.
(2) Section 12 must not be construed as excluding—
(a)
(b)
from the operation of the definition of “requester” in relation to a private body in section 1, section 50 and all other provisions of this Act related thereto.
(3) For the purposes of this Act, the South African Revenue Service, established by section 2 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), and referred to in section 35(1), is a public body.
Chapter 2 General application provisions
Act applies to record whenever it came into existence
3. This Act applies to—
(a)
(b)
regardless of when the record came into existence.
Records held by official or independent contractor of pubUc or private body
4. For the purposes of this Act, but subject to section 12, a record in the possession or under the control of—
(a)
(b)
is regarded as being a record of that public body or private body, respectively.
Application of other legislation prohibiting or restricting disclosure
5. This Act applies to the exclusion of any provision of other legislation that—
(a)
(b)
Application of other legislation providing for access
6. Nothing in this Act prevents the giving of access to—
(a)
(b)
Act not applying to records requested for criminal or civil proceedings after commencement of proceedings
7. (1) This Act does not apply to a record of a public body or a private body if—
(a)
(b)
(c)
(2) Any record obtained in a manner that contravenes subsection (1) is not admissible as evidence in the criminal or civil proceedings referred to in that subsection unless the exclusion of such record by the court in question would, in its opinion, be detrimental to the interests of justice.
Part applicable when performing functions as public or private body
8. (1) For the purposes of this Act, a public body referred to in paragraph (b)(ii) of the definition of “public body” in section 1, or a private body—
(a)
(b)
(2) A request for access to a record held for the purpose or with regard to the exercise of a power or the performance of a function—
(a)
(b)
(3) The provisions of Parts 1, 2, 4, 5, 6 and 7 apply to a request for aceess to a record that relates to a power or function exercised or performed as a public body.
(4) The provisions of Parts 1, 3, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a private body.
Chapter 3 General introductory provisions
Objects of Act
9. The objects of this Act are—
(a)
(i)
(ii)
(b)
(i)
(ii)
(c)
information from private bodies upon compliance with the four requirements in this Act, including an additional obligation for certain public bodies in certain instances to act in the public interest;
(d)
(e)
(i)
(ii)
(iii)
Guide on how to use Act
10. (1) The Human Rights Commission must, within three years after the commencement of this section, compile in each official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.
(2) The guide must, without limiting the generality of subsection (1), include a description of—
(a)
(b)
(i)
(ii)
(c)
(d)
(i)
(ii)
(e)
(f)
(g)
(i)
(ii)
(h)
(i)
(j)
(k)
(3) The Human Rights Commission must, if necessary, update and publish the guide at intervals of not more than two years.
(4) The guide must be made available as prescribed.
Part 2 Access to records of public bodies
Chapter 1 Right of access, and specific application provisions
Right of access to records of public bodies
11. (1) A requester must be given access to a record of a public body if—
(a)
(b)
(2) A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester.
(3) A requester's right of access contemplated in subsection (1) is, subject to this Act, not affected by—
(a)
(b)
Act not applying to certain public bodies or officials thereof
12. This Act does not apply to a record—
(a)
(b)
(i)
(ii)
(iii)
(c)
(d)
Body determined to be part of another public body
13. For the purpose of this Act, the Minister may, on his or her own accord or on the request of the relevant public body or bodies or a body referred to in paragraph (c), by notice in the Gazette—
(a)
(b)
(c)
(i)
(ii)
Chapter 2 Publication and availability of certain records
Manual on functions of, and index of records held by, public body
14. (1) Within six months after the commencement of this section or the coming into existence of a public body, the information officer of the public body concerned must compile in at least three official languages a manual containing—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
in section 1) by consultation, making representations or otherwise, to participate in or influence—
(i)
(ii)
(h)
(i)
(2) A public body must, if necessary, update and publish its manual referred to in subsection (1) at intervals of not more than one year.
(3) Each manual must be made available as prescribed.
(4)(a) If the functions of two or more public bodies are closely connected, the Minister may on request or of his or her own accord determine that the two or more bodies compile one manual only.
(b) The public bodies in question must share the cost of the compilation and making available of such manual as the Minister determines.
(5) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord by notice in the Gazette, exempt any public body or category of public bodies from any provision of this section for such period as the Minister thinks fit.
Voluntary disclosure and automatic availability of certain records
15. (1) The information officer of a public body, referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1, must, on a periodic basis not less frequently than once each year, submit to the Minister a description of—
(a)
(i)
(ii)
(iii)
(b)
(2) On a periodic basis not less frequently than once each year and at the cost of the relevant public body, the Minister must, by notice in the Gazette—
(a)
(b)
as the case may be.
(3) The only fee payable (if any) for access to a record included in a notice in terms of subsection (2) is a prescribed fee for reproduction.
(4) The information officer of a public body may delete any part of a record contemplated in subsection (1)(a) which, on a request for access, may or must be refused in terms of Chapter 4 of this Part.
(5) Section 11 and any other provisions in this Act related to that section do not apply to any category of records included in a notice in terms of subsection (2).
Information in telephone directory
16. The Director-General of the national department responsible for government communications and information services must at that department's cost ensure the publication of the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of every public body in every telephone directory issued for general use by the public as are prescribed.
Chapter 3 Manner of access
Designation of deputy information officers, and delegation
17. (1) For the purposes of this Act, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
(2) The information officer of a public body has direction and control over every deputy information officer of that body.
(3) The information officer of a public body may delegate a power or duty conferred or imposed on that information officer by this Act to a deputy information officer of that public body
(4) In deciding whether to delegate a power or duty in terms of subsection (3), the information officer must give due consideration to the need to render the public body as accessible as reasonably possible for requesters of its records.
(5) Any power or duty delegated in terms of subsection (3) must be exercised or performed subject to such conditions as the person who made the delegation considers necessary.
(6) Any delegation in terms of subsection (3)—
(a)
(b)
(c)
(7) Any right or privilege acquired, or any obligation or liability incurred, as a result of a decision in terms of a delegation in terms of subsection (3) is not affected by any subsequent withdrawal or amendment of that decision.
Form of requests
18. (1) A request for access must be made in the prescribed form to the information officer of the public body concerned at his or her address or fax number or electronic mail address.
(2) The form for a request of access prescribed for the purposes of subsection (1) must at least require the requester concerned—
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
(f)
(3)(a) An individual who because of illiteracy or a disability is unable to make a request for access to a record of a public body in accordance with subsection (1), may make that request orally.
(b) The information officer of that body must reduce that oral request to writing in the prescribed form and provide a copy thereof to the requester.
Duty to assist requesters
19. (1) If a requester informs the information officer of—
(a)
(b)
the information officer must render such reasonable assistance, free of charge, as is necessary to enable that requester to comply with section 18(1).
(2) If a requester has made a request for access that does not comply with section 18(1), the information officer concerned may not refuse the request because of that non-compliance unless the information officer has—
(a)
(i)
(ii)
(b)
(c)
(d)
(3) When computing any period referred to in section 25(1), the period commencing on the date on which notice is given in terms of subsection (2) and ending on the date on which the person confirms or alters the request for access concerned must be disregarded.
(4) If it is apparent on receipt of a request for access that it should have been made to another public body, the information officer of the public body concerned must—
(a)
(b)
whichever will result in the request being dealt with earlier.
Transfer of requests
20. (1) If a request for access is made to the information officer of a public body in respect of which—
(a)
(b)
(c)
the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received—
(i)
(ii)
(2) If a request for access is made to the information officer of a public body in respect of which—
(a)
(b)
(c)
(i)
(ii)
the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be.
(3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request.
(4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred.
(5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of—
(a)
(b)
(c)
Preservation of records until final decision on request
21. If the information officer of a public body has received a request for access to a record of the body, that information officer must take the steps that are reasonably necessary to preserve the record, without deleting any information contained in it, until the information officer has notified the requester concerned of his or her decision in terms of section 25 and—
(a)
(b)
whichever is the later.
Fees
22. (1) The information officer of a public body to whom a request for access is made, must by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request.
(2) If—
(a)
(b)
would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester, other than a personal requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
(3) The notice referred to in subsection (1) or (2) must state—
(a)
(b)
(c)
(4) If a deposit has been paid in respect of a request for access which is refused, the information officer concerned must repay the deposit to the requester.
(5) The information officer of a public body must withhold a record until the requester concerned has paid the applicable fees (if any).
(6) A requester whose request for access to a record of a public body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7)(a) and (b), respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure.
(7) Access fees prescribed for the purposes of subsection (6) must provide for a reasonable access fee for—
(a)
record, as contemplated in section 29(2)(a) and (b)(i), (ii)(bb), (iii) and (v) and, if applicable, the postal fee; and
(b)
(8) The Minister may, by notice in the Gazette—
(a)
(b)
(c)
(d)
(e)
(f)
Records that cannot be found or do not exist
23. (1) If—
(a)
(b)
(i)
(ii)
the information officer of a public body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
(2) The affidavit or affirmation referred to in subsection (1) must give a full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communications with every person who conducted the search on behalf of the information officer.
(3) For the purposes of this Act, the notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record.
(4) If, after notice is given in terms of subsection (1), the record in question is found, the requester concerned must be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of this Part.
Deferral of access
24. (1) If the information officer of a public body decides to grant a request for access to a record, but that record—
(a)
(b)
(c)
the information officer may defer giving access to the record for a reasonable period.
(2) If access to a record is deferred in terms of subsection (1), the information officer must notify the requester concerned—
(a)
(b)
(3) If a requester makes representations in terms of subsection (2)(a), the information officer must, after due consideration of those representations, grant the request for access only if there are reasonable grounds for believing that the requester will suffer substantial prejudice if access to the record is deferred for the likely period referred to in subsection (2)(b).
Decision on request and notice thereof
25. (1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event within 30 days, after the request is received—
(a)
(b)
(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a)
(b)
(c)
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must—
(a)
(b)
(c)
Extension of period to deal with request
26. (1) The information officer to whom a request for access has been made or transferred, may extend the period of 30 days referred to in section 25(1) (in this section referred to as the “original period”) once for a further period of not more than 30 days, if—
(a)
(b)
(c)
(d)
(e)
(2) If a period is extended in terms of subsection (1), the information officer must, as soon as reasonably possible, but in any event within 30 days, after the request is received or transferred, notify the requester of that extension.
(3) The notice in terms of subsection (2) must state—
(a)
(b)
(c)
Deemed refusal of request
27. If an information officer fails to give the decision on a request for access to the requester concerned within the period contemplated in section 25(1), the information officer is, for the purposes of this Act, regarded as having refused the request.
Severability
28. (1) If a request for access is made to a record of a public body containing information which mayor must be refused in terms of any provision of Chapter 4 of this Part, every part of the record which—
(a)
(b)
any such information must, despite any other provision of this Act, be disclosed.
(2) If a request for access to—
(a)
(b)
as contemplated in subsection (1), the provisions of section 25(2) apply to paragraph (a) of this subsection and the provisions of section 25(3) apply to paragraph (b) of this subsection.
Access and forms of access
29. (1) If a requester has been given notice in terms of section 25(1) that his or her request for access has been granted, that requester must, subject to subsections (3) and (9) and section 31—
(a)
(b)
be given access in the applicable forms referred to in subsection (2) as the requester indicated in the request, and in the language contemplated in section 31.
(2) The forms of access to a record in respect of which a request of access has been granted, are the following:
(a)
(b)
(i)
(ii)
(aa)
(bb)
(iii)
(aa)
(bb)
by using computer equipment and expertise ordinarily available to the public body, by supplying such a copy;
(iv)
(v)
(3) If a requester has requested access in a particular form, access must, subject to section 28, be given in that form, unless to do so would—
(a)
(b)
(c)
(4) If a requester has requested access in a particular form and for a reason referred to in subsection (3) access in that form is refused but access is given in another form, the fee charged may not exceed what would have been charged if that requester had been given access in the form requested.
(5) If a requester with a disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the public body concerned, the information officer of the body must, if that requester so requests, take reasonable steps to make the record available in a form in which it is capable of being read, viewed or heard by the requester.
(6) If a record is made available in accordance with subsection (5), the requester may not be required to pay an access fee which is more than the fee which he or she would have been required to pay but for the disability.
(7) If a record is made available in terms of this section to a requester for inspection, viewing or hearing, the requester may make copies of or transcribe the record using the requester's equipment, unless to do so would—
(a)
(b)
(c)
(8) If the supply to a requester of a copy of a record is required by this section, the copy must, if so requested, be supplied by posting it to him or her.
(9) If an internal appeal or an application to a court, as the case may be, is lodged against the granting of a request for access to a record, access to the record may be given only when the decision to grant the request is finally confirmed.
Access to health or other records
30. (1) If the information officer who grants, in terms of section 11, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being—
(a)
(b)
(in this section, the requester and person referred to paragraphs (a) and (b), respectively, are referred to as the “relevant person”), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the information officer may, before giving access in terms of section 29, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person.
(2) If the relevant person is—
(a)
(b)
(3)(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person would be likely to cause serious harm to his or ber physical or mental health, or well-being, the information officer may only give access to the record if the requester proves to the satisfaction of the information officer that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person.
(b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record.
Language of access
31. A requester whose request for access to a record of a public body has been granted must, if the record—
(a)
(b)
Reports to Human Rights Commission
32. The information officer of each public body must annually submit to the Human Rights Commission a report stating in relation to the public body—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Chapter 4 Grounds for refusal of access to records
Interpretation
33. (1) The information officer of a public body—
(a)
(b)
unless the provisions of section 46 apply.
(2) A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, may not be construed as—
(a)
(b)
Mandatory protection of privacy of third party who is natural person
34. (1) Subject to subsection (2), the information officer of a public body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a)
(b)
(c)
(d)
(i)
(ii)
and if giving access would be in the individual's best interests;
(e)
(i)
(ii)
(f)
(i)
(ii)
(iii)
(iv)
Mandatory protection of certain records: of South African Revenue Service
35. (1) Subject to subsection (2), the information officer of the South African Revenue Service, referred to in section 2(3), must refuse a request for access to a record of that Service if it contains information which was obtained or is held by that Service for the purposes of enforcing legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997).
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the requester or the person on whose behalf the request is made.
Mandatory protection of commercial information of third party
36. (1) Subject to subsection (2), the information officer of a public body must refuse a request for access to a record of the body if the record contains—
(a)
(b)
(c)
(i)
(ii)
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a)
(b)
(c)
(3) For the purposes of subsection (2)(c), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party
37. (1) Subject to subsection (2), the information officer of a public body—
(a)
(b)
(i)
(ii)
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a)
(b)
Mandatory protection of safety of individuals, and protection of property
38. The information officer of a public body—
(a)
(b)
(i)
(aa)
(bb)
(cc)
(ii)
(aa)
(bb)
(cc)
Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings
39. (1) The information officer of a public body—
(a)
(b)
(i)
(aa)
(bb)
and the disclosure of those methods, techniques, procedures or guidelines could reasonably be expected to prejudice the effectiveness of those methods, techniques, procedures or guidelines or lead to the circumvention of the law or facilitate the commission of an offence;
(ii)
(aa)
(bb)
(iii)
(aa)
(bb)
(cc)
(dd)
(ee)
(2) A record may not be refused in terms of subsection (1)(b)(iii)(dd) insofar as it consists of information about the general conditions of detention of persons in custody.
(3)(a) If a request for access to a record of a public body must or may be refused in terms of subsection (1)(a) or (b), or could, if it existed, be so refused, and the disclosure of the existence or non-existence of the record would be likely to cause the harm contemplated in subsection (1)(a) or (b), the information officer concerned may refuse to confirm or deny the existence or non-existence of the record.
(b) If the information officer so refuses to confirm or deny the existence or non-existence of the record, the notice referred to in section 25(3) must—
(i)
(ii)
(iii)
(iv)
Mandatory protection of records privileged from production in legal proceedings
40. The information officer of a public body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.
Defence, security and international relations of Republic
41. (1) The information officer of a public body may refuse a request for access to a record of the body if its disclosure—
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
(2) A record contemplated in subsection (1), without limiting the generality of that subsection, includes a record containing information—
(a)
(b)
(i)
(ii)
(c)
(i)
(ii)
(d)
(i)
(ii)
(iii)
(e)
(f)
(g)
(h)
(3) A record may not be refused in terms of subsection (1)(a)(iii) if it came into existence more than 20 years before the request.
(4)(a) If a request for access to a record of a public body may be refused in terms of subsection (1), or could, if it existed, be so refused, and the disclosure of the existence or non-existence of the record would be likely to cause the harm contemplated in subsection (1), the information officer concerned may refuse to confirm or deny the existence or non-existence of the record.
(b) If the information officer so refuses to confirm or deny the existence or non-existence of the record, the notice referred to in section 25(3) must—
(i)
(ii)
(iii)
(iv)
Economic interests and financial welfare of Republic and commercial activities of public bodies
42. (1) The information officer of a public body may refuse a request for access to a record of the body if its disclosure would be likely to materially jeopardise the economic interests or financial welfare of the Republic or the ability of the government to manage the economy of the Republic effectively in the best interests of the Republic.
(2) The information referred to in subsection (1) includes, without limiting the generality of that subsection, information about—
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(c)
(i)
(ii)
(3) Subject to subsection (5), the information officer of a public body may refuse a request for access to a record of the body if the record—
(a)
(b)
(c)
(i)
(ii)
(d)
(4) The information referred to in subsection (2)(c)(i) includes, without limiting the generality of that subsection, information about an agreement, or contemplated agreement, to transfer any interest in or right to shares in the capital of a public body to any person which is not a public body referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1.
(5) A record may not be refused in terms of subsection (3) insofar as it consists of information—
(a)
(b)
(c)
(6) For the purposes of subsection (5)(c), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
(7) If a request for access to a record contemplated in subsection (5)(c) is granted and the testing or other investigation was carried out by or on behalf of the public body from which the record is requested, the information officer must at the same time as access to the record is given, provide the requester with a written explanation of the methods used in conducting the testing or other investigation.
Mandatory protection of research information of third party, and protection of research information of public body
43. (1) The information officer of a public body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose—
(a)
(b)
(c)
to serious disadvantage.
(2) The information officer of a public body may refuse a request for access to a record of the body if the record contains informatiop about research being or to be carried out by or on behalf of a public body, the disclosure of which would be likely to expose—
(a)
(b)
(c)
to serious disadvantage.
Operations of public bodies
44. (1) Subject to subsections (3) and (4), the information officer of a public body may refuse a request for access to a record of the body—
(a)
(i)
(ii)
for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed by law; or
(b)
(i)
(aa)
(bb)
(ii)
(2) Subject to subsection (4), the information officer of a public body may refuse a request for access to a record of the body if—
(a)
(b)
(i)
(ii)
(c)
(3) A record may not be refused in terms of subsection (1) if the record came into existence more than 20 years before the request concerned.
(4) A record may not be refused in terms of subsection (1) or (2) insofar as it consists of an account or a statement of reasons required to be given in accordance with section 5 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).
Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources
45. The information officer of a public body may refuse a request for access to a record of the body if—
(a)
(b)
Mandatory disclosure in public interest
46. Despite any other provision of this Chapter, the information officer of a public body must grant a request for access to a record of the body contemplated in section 34(1), 36(1), 37(1)(a) or (b), 38(a) or (b), 39(1)(a) or (b), 40, 41(1)(a) or (b), 42(1) or (3), 43(1) or (2), 44(1) or (2) or 45, if—
(a)
(i)
(ii)
(b)
Chapter 5 Third party notification and intervention
Notice to third parties
47. (1) The information officer of a public body considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1) must take all reasonable steps to inform a third party to whom or which the record relates of the request.
(2) The information officer must inform a third party in terms of subsection (1)—
(a)
(b)
(3) When informing a third party in terms of subsection (1), the infonnation officer must—
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
(4) If a third party is not informed orally of a request for access in terms of subsection (1), the information officer must give a written notice stating the matters referred to in subsection (3) to the third party.
Representations and consent by third parties
48. (1) A third party that is informed in terms of section 47(1) of a request for access, may, within 21 days after the third party has been informed—
(a)
(b)
(2) A third party that obtains knowledge about a request for access other than in terms of section 47(1) may—
(a)
(b)
Decision on representations for refusal and notice thereof
49. (1) The information officer of a public body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 47—
(a)
(b)
(c)
(i)
(ii)
(2) If, after all reasonable steps have been taken as required by section 47(1), a third party is not informed of the request in question and the third party did not make any representations in terms of section 48, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 48 why the request should be refused.
(3) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a)
(b)
(c)
(4) If the information officer of a public body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless an internal appeal or an application with a court, as the case may be, is lodged against the decision within that period.
Part 3 Access to records of private bodies
Chapter 1 Right of access
Right of access to records of private bodies
50. (1) A requester must be given access to any record of a private body if—
(a)
(b)
(c)
(2) In addition to the requirements referred to in subsection (1), when a public body, referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1, requests access to a record of a private body for the exercise or protection of any rights, other than its rights, it must be acting in the public interest.
(3) A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.
Chapter 1 Publication and availability of certain records
Manual
51. (1) Within six months after the commencement of this section or the coming into existence of the private body concerned, the head of a private body must compile a manual containing—
(a)
(b)
(c)
(d)
(e)
(f)
(2) The head of a private body must on a regular basis update the manual referred to in subsection (1).
(3) Each manual must be made available as prescribed.
(4) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord, by notice in the Gazette, exempt any private body or category of private bodies from any provision of this section for such period as the Minister thinks fit.
Voluntary disclosure and automatic availability of certain records
52. (1) The head of a private body may, on a voluntary and periodic basis, submit to the Minister a description of—
(a)
(i)
(ii)
(iii)
(b)
(2) If appropriate the Minister must, on a periodic basis and by notice in the Gazette—
(a)
(b)
(3) The only fee payable (if any) for access to a record included in a notice in terms of subsection (2) is a prescribed fee for reproduction.
(4) The head of a private body may delete any part of a record contemplated in subsection (1)(a) which, on a request for access, may or must be refused in terms of Chapter 4 of this Part.
(5) Section 50 and any other provisions in this Act related to that section do not apply to any category of records included in a notice in terms of subsection (2).
Chapter 3 Manner of access
Form of request
53. (1) A request for access to a record of a private body must be made in the prescribed form to the private body concerned at its address, fax number or electronic mail address.
(2) The form for a request for access prescribed for the purposes of subsection (1) must at least require the requester concerned—
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
(f)
Fees
54. (1) The head of a private body to whom a request for access is made must by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request.
(2) If—
(a)
(b)
would, in the opinion of the head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the requester, other than a personal requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
(3) The notice referred to in subsection (1) or (2) must state—
(a)
(b)
(c)
(4) If a deposit has been paid in respect of a request for access which is refused, the head of the private body concerned must repay the deposit to the requester.
(5) The head of a private body may withhold a record until the requester concerned has paid the applicable fees (if any).
(6) A requester whose request for access to a record of a private body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7)(a) and (b), respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure.
(7) Access fees prescribed for the purposes of subsection (6) must provide for a reasonable access fee for—
(a)
(b)
(8) The Minister may, by notice in the Gazette—
(a)
(b)
(c)
(d)
(e)
(f)
Records that cannot be found or do not exist
55. (1) If—
(a)
(b)
(i)
(ii)
the head of a private body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
(2) The affidavit or affirmation referred to in subsection (1) must give a full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communications with every person who conducted the search on behalf of the head.
(3) For the purposes of this Act, the notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record concerned.
(4) If, after notice is given in terms of subsection (1), the record in question is found, the requester concerned must be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of this Part.
Decision on request and notice thereof
56. (1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any event within 30 days, after the request has been received or after the particulars required in terms of section 53(2) have been received—
(a)
(b)
(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a)
(b)
(c)
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must—
(a)
(b)
(c)
Extension of period to deal with request
57. (1) The head of a private body to whom a request for access has been made, may extend the period of 30 days referred to in section 56(1) (in this section referred to as the “original period”) once for a further period of not more than 30 days, if—
(a)
(b)
(c)
(d)
(e)
(2) If a period is extended in terms of supsection (1), the head of the private body must, as soon as reasonably possible, but in any event within 30 days, after the request is received, notify the requester of that extension, the period of the extension and the reasons for the extension.
(3) The notice in terms of subsection (2) must state—
(a)
(b)
(c)
Deemed refusal of request
58. If the head of a private body fails to give the decision on a request for access to the requester concerned within the period contemplated in section 56(1), the head of the private body is, for the purposes of this Act, regarded as having refused the request.
Severability
59. (1) If a request for access is made to a record of a private body containing information which may or must be refused in terms of any provision of Chapter 4 of this Part, every part of the record which—
(a)
(b)
any such information must, despite any other provision of this Act, be disclosed.
(2) If a request for access to—
(a)
(b)
as contemplated in subsection (1), the provisions of section 56(2) apply to paragraph (a) of this subsection and the provisions of section 56(3) apply to paragraph (b) of this subsection.
Form of access
60. If access is granted to a record of a private body, the head of that body must, as soon as reasonably possible after notification in terms of section 56, but subject to section 57, give access in—
(a)
{{SLi|(b)} if no specific form of access is required by the requester, such form as the head reasonably determines.
Access to health or other records
61. (1) If the head of a private body who grants, in terms of section 50, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being—
(a)
(b)
(in this section, the requester and person referred to in paragraphs (a) and (b), respectively, are referred to as the “relevant person”), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the head may, before giving access in terms of section 60, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person.
(2) If the relevant person is—
(a)
(b)
(3)(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person, would be likely to cause serious harm to his or her physical or mental health, or well-being, the head may only give access to the record if the requester proves to the satisfaction of the head that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person.
(b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record.
Chapter 4 Grounds for refusal of access to records
Interpretation
62. A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, must not be construed as—
(a)
(b)
Mandatory protection of privacy of third party who is natural person
63. (1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a)
(b)
(c)
(d)
(i)
(ii)
and if giving access would be in the individual's best interests;
(e)
(i)
(ii)
(f)
(i)
(ii)
(iii)
(iv)
Mandatory protection of commercial information of third party
64. (1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if the record contains—
(a)
(b)
(c)
(i)
(ii)
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about—
(a)
(b)
(3) For the purposes of subsection (2)(b), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
Mandatory protection of certain confidential information of third party
65. The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
Mandatory protection of safety of individuals, and protection of property
66. The head of a private body—
(a)
(b)
(i)
(aa)
(bb)
(cc)
(ii)
(aa)
(bb)
(cc)
Mandatory protection of records privileged from production in legal proceedings
67. The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.
Commercial information of private body
68. (1) Subject to subsection (2), the head of a private body may refuse a request for access to a record of the body if the record—
(a)
(b)
(c)
(i)
(ii)
(d)
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any product or environmental testing or other investigation supplied by the private body or the results of any such testing or investigation carried out by or on behalf of the private body and its disclosure would reveal a serious public safety or environmental risk.
(3) For the purposes of subsection (2), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
Mandatory protection of research information of third party, and protection of research information of private body
69. (1) The head of a private body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose—
(a)
(b)
(c)
to serious disadvantage.
(2) The head of a private body may refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of the private body, the disclosure of which would be likely to expose—
(a)
(b)
(c)
to serious disadvantage.
Mandatory disclosure in public interest
70. Despite any other provision of this Chapter, the head of a private body must grant a request for access to a record of the body contemplated in section 63(1), 64(1), 65, 66(a) or (b), 67, 68(1) or 69(1) or (2) if—
(a)
(i)
(ii)
(b)
Chapter 5 Third party notification and intervention
Notice to third parties
71. (1) The head of a private body considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), must take all reasonable steps to inform a third party to whom or which the record relates of the request.
(2) The head must inform a third party in terms of subsection (1)—
(a)
(b)
(3) When informing a third party in terms of subsection (1). the head must—
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
(4) If a third party is informed orally of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party.
Representations and consent by third parties
72. (1) A third party that is informed in terms of section 71(1) of a request for access, may, within 21 days after being so informed—
(a)
(b)
(2) A third party that obtains knowledge about a request for access other than in terms of section 71(1) may—
(a)
(b)
Decision on representations for refusal and notice thereof
73. (1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71—
(a)
(b)
(c)
(i)
(ii)
(2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 72 why the request should be refused.
(3) If the request is granted, the notice in terms of subsection (1)(b) must state—
(a)
(b)
(c)
(4) If the head of the private body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless an application with a court is lodged against the decision within that period.
Part 4 Appeals against decisions
Chapter 1 Internal appeals against decisions of information officers of certain public bodies
Right of internal appeal to relevant authority
74. (1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of “public body” in section 1—
(a)
(b)
in relation to that requester with the relevant authority.
(2) A third party may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of “public body” in section 1 to grant a request for access.
Manner of internal appeal, and appeal fees
75. (1) An internal appeal—
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
(f)
(2)(a) If an internal appeal is lodged after the expiry of the period referred to in subsection (1)(a), the relevant authority must, upon good cause shown, allow the late lodging of the internal appeal.
(b) If that relevant authority disallows the late lodging of the internal appeal, he or she must give notice of that decision to the person that lodged the internal appeal.
(3)(a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any).
(b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision on the internal appeal may be deferred until the fee is paid.
(4) As soon as reasonably possible, but in any event within 10 working days after receipt of an internal appeal in accordance with subsection (1), the information officer of the public body concerned must submit to the relevant authority—
(a)
(b)
Notice to and representations by other interested persons
76. (1) If a relevant authority is considering an internal appeal against the refusal of a request for access to a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1), the authority must inform the third party to whom or which the record relates of the internal appeal, unless all necessary steps to locate the third party have been unsuccessful.
(2) The relevant authority must inform a third party in terms of subsection (1)—
(a)
(b)
(3) When informing a third party in terms of subsection (1), the relevant authority must—
(a)
(b)
(c)
(d)
(4) If a third party is informed orally of an internal appeal in terms of subsection (1), the relevant authority must, on request, give a written notice stating the matters referred to in subsection (3) to the third party.
(5) A third party that is informed of an internal appeal in terms of subsection (1), may within 21 days after the third party has been informed, make written representations to the relevant authority why the request for access should not be granted.
(6) A third party that obtains knowledge about an internal appeal other than in terms of subsection (1) may—
(a)
(b)
(7) If the relevant authority is considering an internal appeal against the granting of a request for access, the authority must give notice of the internal appeal to the requester concerned.
(8) The relevant authority must—
(a)
(b)
(9) A requester to whom or which notice is given in terms of subsection (7) may within 21 days after that notice is given, make written representations to the relevant authority why the request for access should be granted.
Decision on internal appeal and notice thereof
77. (1) The decision on an internal appeal must be made with due regard to—
(a)
(b)
(c)
(d)
(2) When deciding on the internal appeal the relevant authority may confirm the decision appealed against or substitute a new decision for it.
(3) The relevant authority must decide on the internal appeal—
(a)
(b)
(c)
(i)
(ii)
(4) The relevant authority must, immediately after the decision on an internal appeal—
(a)
(i)
(ii)
(iii)
(b)
(5) The notice in terms of subsection (4)(a) must—
(a)
(b)
(c)
(i)
(ii)
after notice is given, and the procedure for lodging the application; and
(d)
(i)
(ii)
(6) If the relevant authority decides on internal appeal to grant a request for access and notice to a third party—
(a)
(b)
(7) If the relevant authority fails to give notice of the decision on an internal appeal to the appellant within the period contemplated in subsection (3), that authority is, for the purposes of this Act, regarded as having dismissed the internal appeal.
Chapter 2 Applications to court
Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies
78. (1) A requester or third party referred to in section 74 may only apply to a court for appropriate relief in terms of section 82 after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74.
(2) A requester—
(a)
(b)
(c)
(i)
(ii)
(d)
(i)
(ii)
may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.
(3) A third party—
(a)
(b)
(c)
may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.
Procedure
79. (1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), must before 28 February 2009, subject to the approval of the Minister, make rules of procedure for—
(a)
(b)
(2) Until the rules of procedure in terms of subsection (1)(a) come into operation, an application in terms of section 78 must be lodged with a High Court or another court having jurisdiction.
(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.
Disclosure of records to, and non-disclosure by, court
80. (1) Despite this Act and any other law, any court hearing an application, or an appeal against a decision on that application, may examine any record of a public or private body to which this Act applies, and no such record may be withheld from the court on any grounds.
(2) Any court contemplated in subsection (1) may not disclose to any person, including the parties to the proceedings concerned, other than the public or private body referred to in subsection (1)—
(a)
(b)
(3) Any court contemplated in subsection (1) may—
(a)
(b)
(c)
Proceedings are civil
81. (1) For the purposes of this Chapter proceedings on application in terms of section 78 are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings on application in terms of section 78.
(3) The burden of establishing that—
(a)
(b)
complies with the provisions of this Act rests on the party claiming that it so complies.
Decision on application
82. The court hearing an application may grant any order that is just and equitable, including orders—
(a)
(b)
(c)
(d)
Part 5 Human Rights Commission
Additional functions of Human Rights Commission
83. (1) The Human Rights Commission must—
(a)
(b)
(2) The Human Rights Commission must, to the extent that financial and other resources are available—
(a)
(b)
(c)
(3) The Human Rights Commission may—
(a)
(i)
(ii)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
a right conferred or duty imposed by this Act;
(ii)
(i)
(4) For the purpose of the annual report referred to in section 84 and if so requested by the Human Rights Commission, the head of a private body may furnish to that Commission information about requests for access to records of the body.
(5) If appropriate, and if financial and other resources are available, an official of a public body must afford the Human Rights Commission reasonable assistance for the effective performance of its functions in terms of this Act.
Report to National Assembly by Human Rights Commission
84. The Human Rights Commission must include in its annual report to the National Assembly referred to in section 181(5) of the Constitution—
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
Expenditure of Human Rights Commission in terms of Act
85. Any expenditure in connection with the performance of the Human Rights Commission's functions in terms of this Act must be defrayed from moneys appropriated by Parliament to that Commission for that purpose.
Part 6 Transitional provisions
Application of other legislation providing for access
86. (1) The Minister must, within 12 months after the commencement of section 6, introduce a Bill in Parliament proposing the amendment of—
(a)
(b)
(2) Until the amendment of this Act contemplated in subsection (1) takes effect, any other legislation not referred to in the Schedule which provides for access to a record of a public body or a private body in a manner which, including, but not limited to, the payment of fees, is not materially more onerous than the manner in which access may be obtained in terms of Part 2 or 3 of this Act, respectively, access may be given in terms of that legislation.
Extended periods for dealing with requests during first two years
87. (1) For—
(a)
(i)
(ii)
must be construed as a reference to 90 days in respect of that public body; and
(b)
(i)
(ii)
must be construed as a reference to 60 days in respect of the public body concerned.
(2) The periods of 90 days and 60 days referred to in subsection (1)(a) and (b), respectively, may not be extended in terms of section 26.
(3) Parliament must, after a period of 12 months, but within a period of 18 months, after the commencement of this section, review the operation of this section.
Correction of personal information
88. If no provision for the correction of personal information in a record of a public or private body exists, that public or private body must take reasonable steps to establish adequate and appropriate internal measures providing for such correction until legislation providing for such correction takes effect.
Part 7 General provisions
Liability
89. No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 79.
Offences
90. (1) A person who with intent to deny a right of access in terms of this Act—
(a)
(b)
(c)
commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
(2) An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
(3) A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
Amendment of Public Protector Act 23 of 1994
91. Section 6 of the Public Protector Act, 1994 (Act No. 23 of 1994), is hereby amended—
(a)
(b)
“(d)
(i)
(ii)
(iii)
Designation and training of presiding officers
91A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of a Magistrate's Court designated by the Minister in terms of section 1 of this Act.
(b) A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.
(2) Only a magistrate or additional magistrate who has completed a training course—
(a)
(b)
and whose name has been included on the list contemplated in subsection (4)(a), may be designated in terms of subsection (1).
(3) The heads of administrative regions must—
(a)
(b)
(4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has—
(a)
(a)
(5) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
(6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses referred to in subsection (5).
(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).
Regulations
92. (1) The Minister may, by notice in the Gazette, make regulations regarding—
(a)
(b)
(c)
(d)
(e)
(2) Any regulation in terms of subsection (1) must, before publication in the Gazette, be submitted to Parliament.
(3) Any regulation in terms of subsection (1) which—
(a)
(b)
must be made by the Minister acting in consultation with the Minister of Finance.
(4) Any regulation in terms of subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.
Short title and commencement
93. (1) This Act is the Promotion of Access to Information Act, 2000, and takes effect on a date determined by the President by proclamation in the Gazette.
(2) Different dates may be so determined in respect of—
(a)
(b)
(i)
(ii)
(iii)
of the definition of “public body” in section 1; and
(c)
Schedule
Part 1
(Section 6(a))
| Number and year of law | Short title | Section |
| Act 107 of 1998 | National Environmental Management Act, 1998 | Section 31(1) |
| Act 38 of 2001 | Financial Intelligence Centre Act, 2001 | Section 36 |
Part 2
(Section 6(b))
| Number and year of law | Short title | Section |
| Act 107 of 1998 | National Environmental Management Act, 1998 | Section 31(2) |