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GOVERNMENT GAZETTE, 3 FEBRUARY 2000

Rh 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—

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.

Decision on application

82. The court hearing an application may grant any order that is just and equitable, including orders—

confirming, amending or setting aside the decision which is the subject of the application concerned;

requiring from the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order;

granting an interdict, interim or specific relief, a declaratory order or compensation; or

as to costs.

Additional functions of Human Rights Commission

83. (1) The Human Rights Commission must—

compile and make available a guide on how to use this Act as contemplated in section 10; and

submit reports to the National Assembly as contemplated in section 84.

(2) The Human Rights Commission must, to the extent that financial and other resources are available—

develop and conduct educational programmes to advance the understanding of the public, in particular of disadvantaged communities, of this Act and of how to exercise the rights contemplated in this Act;

encourage public and private bodies to participate in the development and conduct of programmes referred to in paragraph (a) and to undertake such programmes themselves; and

promote timely and effective dissemination of accurate information by public bodies about their activities.

(3) The Human Rights Commission may—

make recommendations for—

the development, improvement, modernisation, reform or amendment of this Act or other legislation or common law having a bearing on access to information held by public and private bodies, respectively; and

procedures in terms of which public and private bodies make information electronically available;

monitor the implementation of this Act;

if reasonably possible, on request, assist any person wishing to exercise a right contemplated in this Act;

recommend to a public or private body that the body make such changes in the manner in which it administers this Act as the Commission considers advisable;

train information officers of public bodies;

consult with and receive reports from public and private bodies on the problems encountered in complying with this Act;

obtain advice from, consult with, or receive and consider proposals or recommendations from, any public or private body, official of such a body or member of the public in connection with the Commission's functions in terms of this Act;