the regulations made in terms of section 92.
The Human Rights Commission must, if necessary, update and publish the guide at intervals of not more than two years.
The guide must be made available as prescribed. [Date of commencement of s. 10: 15 February 2002.
access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester.
the information officer's belief as to what the requester's reasons are for requesting access.
a judicial officer of such court or Special Tribunal; [S. 12 substituted by s. 25 of Act 42 of 2001 and by s. 21 of Act 55 of 2003.
Justice Act, 2000 (Act 3 of 2000), regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law.
[S. 13 amended by s. 26 of Act 42 of 2001.
[Para. (b) amended by s. 27 of Act 42 of 2001.
such other information as may be prescribed.
A public body must, if necessary, update and publish its manual referred to in subsection (1) at intervals of not more than one year.
Each manual must be made available as prescribed.
[Date of commencement of s. 14: 15 February 2002.
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.
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.
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.
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.
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.
may at any time be withdrawn or amended in writing by that person.
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.
if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer.
given the requester a reasonable opportunity to confirm the request or alter it to comply with section 18 (1).
transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer.
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.
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.
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.
If- 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.
exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.
does not exist, 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.
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.
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.
has been prepared for submission to any legislature or a particular person but is yet to be submitted, the information officer may defer giving access to the record for a reasonable period.
that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
notify the requester of the decision and, if the requester stated, as contemplated in section 18 (2) (e) , that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
The notice in terms of subsection (2) must state adequate reasons for the extension, including the provisions of this Act relied upon; and that the requester may lodge an internal appeal or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
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.
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.
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.
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.
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.
the number of applications to a court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77 (7); and such other matters as may be prescribed.
[Para. (h) renumbered by s. 30 of Act 42 of 2001.
the name of the individual on a record prepared by the individual in the course of employment.
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 34 of 1997).
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.
to prejudice that third party in commercial competition.
[Para. (c) substituted by s. 32 of Act 42 of 2001.
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.
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.
[Sub-para. (iii) substituted by s. 33 of Act 42 of 2001.
state that the requester concerned may lodge an internal appeal or an application with a court, as the case may be, against the refusal as required by section 25 (3).
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.
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.
[Para. (a) substituted by s. 34 of Act 42 of 2001.
government borrowing; or the regulation of prices of goods or services, rents or wages, salaries or other incomes; or international trade agreement.
is a computer program, as defined in section 1 (1) of the Copyright Act, 1978 (Act 98 of 1978), owned by the State or a public body, except insofar as it is required to give access to a record to which access is granted in terms of this Act.
the subject matter of the research, to serious disadvantage.
the disclosure of the record could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy.
[Sub-s. (4) substituted by s. 36 of Act 42 of 2001.
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.
make written or oral representations to the information officer concerned why the request should be refused; or give written consent for the disclosure of the record to the requester concerned.
granted, notify the requester in accordance with section 25 (2); or refused, notify the requester in accordance with section 25 (3).
that the third party may lodge an internal appeal or an application, as the case may be, against the decision within 30 days after notice is given, and the procedure for lodging the internal appeal or application, as the case may be; and that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b) , unless such internal appeal or application with a court is lodged within that period.
unless an internal appeal or an application with a court, as the case may be, is lodged against the decision within that period.
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.
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.
[Date of commencement of s. 51: 15 February 2002.
[Sub-para. (ii) substituted by s. 38 (a) of Act 42 of 2001.
update any description so published.
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. [Sub-s. (3) substituted by s. 38 (b) of Act 42 of 2001.
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.
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).
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.
if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head.
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.
that the requester may lodge an application with a court against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and the procedure (including the period) for lodging the application.
The head of a private body may withhold a record until the requester concerned has paid the applicable fees (if any).
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.
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.
[Sub-s. (1) amended by s. 39 (a) of Act 42 of 2001.
more than one of the circumstances contemplated in paragraphs (a) , is received, notify the requester of that extension, the period of the extension and the reasons for the extension.
any such information must, despite any other provision of this Act, be disclosed.
the other part of the record is refused, subsection. [Sub-s. (2) substituted by s. 40 of Act 42 of 2001.
[Sub-s. (1) substituted by s. 41 of Act 42 of 2001.
the results of any product or environmental testing or other investigation supplied by a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.
[Para. (b) substituted by s. 42 of Act 42 of 2001.
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.
(aa) , (bb) or (cc).
a substantial contravention of, or failure to comply with, the law; or the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.
make written or oral representations to the head why the request for access should be refused; or give written consent for the disclosure of the record to the requester.
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.
by the fastest means reasonably possible.
give written consent for the disclosure of the record to the requester concerned.
[Sub-s. (1) substituted by s. 44 of Act 42 of 2001.
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.
must specify a postal address or fax number.
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.
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.
A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any).
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.
in any case where that authority believes that the provisions of section 46 might apply, describe those provisions, specify which of the circumstances referred to in section 46 (a) in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 46 might apply; and state that the third party may, within 21 days after the third party is informed, make written representations to that authority why the request for access should not be granted.
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.
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.
any representations made in terms of section 76 (5), (6) or (9); and if a third party cannot be located as contemplated in section 76 (1), the fact that the third party did not have the opportunity to make representations in terms of section 76 (5) why the internal appeal should be dismissed.
When deciding on the internal appeal the relevant authority may confirm the decision appealed against or substitute a new decision for it.
the requester notified as required by section 76 (7); and if reasonably possible, inform the appellant about the decision in any other manner stated in terms of section 75 (1) (d).
Brummer v Minister for Social Development and others (South African History Archives Trust and South African Human Rights Commission as amici curiae) [CC 25/09 on 13 August 2009] the Constitutional Court declared the 30-day period referred to in s.
is so required, that access to the record will be given after the expiry of the applicable period for lodging an application with a court against the decision on internal appeal referred to in paragraph (c) , unless that application is lodged before the end of that applicable period.
may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.
[Sub-s. (1) amended by s. 23 (a) of Act 55 of 2003 and by s. 27 of Act 66 of 2008.
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.
[Sub-s. (2) substituted by s. 23 (b) of Act 55 of 2003.
Any rule made in terms of subsection (1) must, before publication in the Gazette , be approved by Parliament.
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.
the refusal of a request for access; or any decision taken in terms of section 22, 26 (1), 29 (3), 54, 57 (1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.
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.
such other matters as may be prescribed.
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.
[S. 89 substituted by s. 28 of Act 66 of 2008.
[S. 90 substituted by s. 24 of Act 55 of 2003.
The head of an administrative region defined in section 1 of the Magistrate's Courts Act, 1944 (Act 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.
been designated as a presiding officer of a magistrate's court contemplated in subsection (1).
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.
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).
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).
[S. 91A inserted by s. 2 of Act 54 of 2002.
Any regulation in terms of subsection (1) may provide that any person who must be made by the Minister acting in consultation with the Minister of Finance.
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.
[Sub-s. (4) added by s. 25 of Act 55 of 2003.
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.
[Schedule amended by s. 79 of Act 38 of 2001.
1 Amends section 1 of the Promotion of Access to Information Act 2 of 2000 by substituting the definition of 'court'.
This Act is called the Promotion of Access to Information Amendment Act, 2002.
Wanneer kan jy om die herroeping aansoek doen?
Sou die redes wat in die aansoek verstrek word nie in die beste belang van die kind wees nie moet die herroeping plaasvind binne twee jaar vanaf die datum waarop die aannemingsbevel uitgereik is.
die genoemde voog, indien hulle opgespoor kan word. Die hof by wie die aansoek gebring word moet die aannemingsbevel herroep of bekragtig indien dit tevrede is dat al die voorvereistes nagekom is.
Masango has commended the Acting Provincial Commissioner Rex Machabi who led the process of the destruction of these fire-arms.
Last week Thursday's process saw the destruction of 2456 fire-arms and 1136 fire-arms parts and large quantity of different caliber of ammunition collected from different police stations throughout the province compacted.
Some of these fire-arms were continuously surrendered by lawful owners voluntary to the state for destruction; others were surrendered by people during the fire-arm amnesty period. Among others, home-made fire-arms, AK 47s and shotguns confiscated during various operations were also destroyed.
There are also fire-arms and ammunition which were forfeited to the state after finalization of case dockets by courts which also formed part of the destroyed consignment.
Masango thanked community members who participated in the fire-arm amnesty process that saw many weapons handed over to SAPS.
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