Page:Promotion of Access to Information Act 2000.djvu/42

42No. 20852

Act No. 2, 2000 for the purposes of section 84(b)(x), request the Public Protector to submit to the Commission information with respect to—

the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act;

the nature and outcome of those complaints; and

generally, inquire into any matter, including any legislation, the common law and any practice and procedure, connected with the objects of this Act.

(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—

any recommendation in terms of section 83(3)(a); and

in relation to each public body, particulars of—

the number of requests for access received;

the number of requests for access granted in full;

the number of requests for access granted in terms of section 46;

the number of requests for access refused in full and refused partially and the number of times each provision of this Act was relied on to refuse access in full or partially;

the number of cases in which the periods stipulated in section 25(1) were extended in terms of section 26(1);

the number of internal appeals lodged with the relevant authority and the number of cases in which, as a result of an internal appeal, access was given to a record or a part thereof;

the number of internal appeals which were lodged on the ground that a request for access was regarded as having been refused in terms of section 27;

the number of applications made to every court and the outcome thereof and the number of decisions of every court appealed against and the outcome thereof;

the number of applications to every court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77(7);

the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act and the nature and outcome thereof; and

such other matters as may be prescribed.

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.

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—

Part 1 of the Schedule to include the provisions of legislation which provide for or promote access to a record of a public body; and

Part 2 of the Schedule to include the provisions of legislation which provide for or promote access to a record of a private body.

(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