Page:Promotion of Access to Information Act 2000.djvu/11



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;

to establish voluntary and mandatory mechanisms or procedures to give effect to that right in a manner which enables persons to obtain access to records of public and private bodies as swiftly, inexpensively and effortlessly as reasonably possible; and

generally, to promote transparency, accountability and effective governance of all public and private bodies by, including, but not limited to, empowering and educating everyone—

to understand their rights in terms of this Act in order to exercise their rights in relation to public and private bodies;

to understand the functions and operation of public bodies; and

to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights.

Guide on how to use Act

10. (1) The Human Rights Commission must, within 18 months 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—

the objects of this Act;

the postal and street address, phone and fax number and, if available, electronic mail address of—

the information officer of every public body; and

every deputy information officer of every public body appointed in terms of section 17(1);

such particulars of every private body as are practicable;

the manner and form of a request for—

access to a record of a public body contemplated in section 11; and

access to a record of a private body contemplated in section 50;

the assistance available from the information officer of a public body in terms of this Act;

the assistance available from the Human Rights Commission in terms of this Act;

all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act, including the manner of lodging—

an internal appeal; and

an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision of the head of a private body;

the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and

the regulations made in terms of section 92.

(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.

Right of access to records of public bodies

11. (1) A requester must be given access to a record of a public body if—