Promotion of Access to Information Act, 2000/2005-03-31

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as amended by

Financial Intelligence Centre Act, No. 38 of 2001

Judicial Matters Amendment Act, No. 42 of 2001

Promotion of Access to Information Amendment Act, No. 54 of 2002

Judicial Matters Second Amendment Act, No. 55 of 2003

Guide on how to use Act

10. (1) The Human Rights Commission must, within three years 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 designated 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.

Act not applying to certain public bodies or officials thereof

12. This Act does not apply to a record—

of the Cabinet and its committees;

relating to the judicial functions of—

a court referred to in section 166 of the Constitution;

a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or

a judicial officer of such court or Special Tribunal;

of an individual member of Parliament or of a provincial legislature in that capacity; or

relating to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 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.

Procedure

79. (1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), must within four years after the commencement of this section, make rules of procedure for—

a court in respect of applications in terms of section 78; and

a court to receive representations ex parte referred to in section 80(3)(a).

(2) 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.

(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.

Offences

90. (1) A person who with intent to deny a right of access in terms of this Act—

destroys, damages or alters a record;

conceals a record; or

falsifies a record or makes a false record,

commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.

(2) An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.

(3) A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.

Regulations

92. (1) The Minister may, by notice in the Gazette, make regulations regarding—

any matter which is required or permitted by this Act to be prescribed;

any matter relating to the fees contemplated in sections 22 and 54;

any notice required by this Act;

uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

any administrative or procedural matter necessary to give effect to the provisions of this Act.

(2) Any regulation in terms of subsection (1) must, before publication in the Gazette, be submitted to Parliament.

(3) Any regulation in terms of subsection (1) which—

relates to fees; or

may result in financial expenditure for the State,

must be made by the Minister acting in consultation with the Minister of Finance.

(4) Any regulation in terms of subsection (1) may provide that any person who 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.