Page:Promotion of Access to Information Amendment Act 2002.djvu/2



(English text signed by the President.) (Assented to 30 December 2002.)

To amend the Promotion of Access to Information Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; and to provide for matters connected therewith.

E IT ENACTED by the Parliament of the Republic of South Africa, as follows:―

Amendment of section 1 of Act 2 of 2000, as amended by section 21 of Act 42 of 2001

1. Section 1 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for the definition of “court” of the following definition: “‘court’ means—

the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

a High Court or another court of similar status; or

a Magistrate's Court, either generally or in respect of a specified class of decisions in terms of this Act, designated by the Minister by notice in the Gazette and presided over by a magistrate or an additional magistrate designated in [writing by the Minister, after consultation with the Magistrates Commission] terms of section 91A ,

within whose area of jurisdiction—

the decision of the information officer or relevant authority of a public body or the head of a private body has been taken;

the public body or private body concerned has its principal place of administration or business; or

the requester or third party concerned is domiciled or ordinarily resident;”;

Insertion of section 91A in Act 2 of 2000

2. The following section is hereby inserted after section 91 of the Promotion of Access to Information Act, 2000: “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