Promotion of Access to Information Act [No. 2 of 2000]

1 REPUBI,IC OF SOUTH AFRICAGOVERNMENT GAZETTER egistered at the Post O&ce as a NevvspaperCAPE TOWN, 3 FEBRUARY 2000 VOL. ~ 16No. 20852 OFFICE OF THE PRESIDENCYNo. February 2000It is hereby notified that the President has assented to thefollowing Act which is hereby published for general informa-[ion: No. 2 of 2000: Promotion of Access to Information Act. 2000.~No. 20S52 GOVERNMENT GAZE~E. 3 FEBRUARY 20 MAct No. 2,2000 PRON1 OTION OF Access TO INFORhfATION ACT, 2000(English text signed by the President.)(Assejlted to 2 Februaq 2000.)ACTTo give effect to the constitutional right of Access to any Information held by theState and any Information that is held by another person and that is required forthe exercise or protection of any rights; and to provide for matters THAT * the system of government in South Africa before 27 April 1994, amongstothers, resuhed in a secretive and unresponsive culture in public and privatebodies which often led to an abuse of power and human rights violations.]

2 * section 8 of the Constitution provides for the horizontal application of therights in the Bill of Rights to juristic persons to the extent required by thenature of the rights and the nature of those juristic persons;* section 32(1)(a) of the Constitution provides that everyone has the right ofaccess to any Information held by the State;* section 32(1)(h) of the Constitution provides for the horizontal application ofthe right of Access to Information held by another person to everyone whenthat Information is requked for the exercise or protection of any rights;* and national legislation must be enacted to give effect to this right in section32 of the Constitution:AND BEARING IN MIND THAT * the State must respect, protect, promote and fulfil, at least, all the rights in theBill of Rights which is the cornerstone of democracy in South Africa;* the right of Access to any Information held by a public or private body may belimited to the extent that the limitations are reasonable and justifiable in anopen and democratic society based on human dignity, equality and freedom ascontemplated in section 36 of the Constitution.

3 * reasonable legislative measures may, in terms of section 32(2) of theConstitution, be provided to alleviate the administrative and financial burdenon the State in giving effect to its obligation to promote and fulfil the right ofaccess to Information ;AND IN ORDER TO * foster a culture of transparency and accountability in public and private bodiesby giving effect to the right of Access to Information ;* actively promote a society in which the people of South Africa have effectiveaccess to Information to enable them to more fully exercise and protect all oftheir rights,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,as follows: GOVERNMENT GME~, 3 ~BRUARY 2000No.

4 20852 3 PROMO~ON OF Access TO I~O~ATtON Am, 2~Act No. 2,2000 CONTENTS OF ACTS ectionPART 1 INTRODUCTORY , ~o, ,CHAPTER 1 DEFINITIONS AND INTERPRETATIOND efinitionsInterpretation of Act5 CHAPTER 2 GENERAL APPLICATION PROVISIONS10 Act appiies to record whenever it came into existenceRecords held by official or independent contractor of public or private bodyApplication of other legislation prohibiting or restricting disclosureApplication of other legislation providing for accessAct not applying to records required for criminal or civil proceedings after 15commencement of proceedingsPart applicable when performing functions as public or private bodyCHAPTER 3 GENERAL INTRODUCTORY PROVISIONSO bjects of ActGuide on how to use Act20 PART 2 Access TO RECORDS OF PUBLIC BODIESCHAPTER 1

5 RIGHT OF Access , AND SPECIFIC APPUCATION PROVISIONS25 Right of Access to records of public bodiesAct not applying to certain public bodies or officials thereofBody determined to be part of another public bodyCHAPTER 2 PUBLICATION AND AVAItiBILITY OF CERTAIN RECORDS30 Manual on functions of, and index of records held by, public bodyVoluntary disclosure and automatic availability of certain recordsInformation in telephone directoryCHAPTER 3lWANNER OF A CCESSDesi&nation of deputy Information officers, and delegationForm of requestsDuty to assist requestersTransfer of requestsPreservation of records until final decision on requestFeesRecords that cannot be found or do not existDeferral of accessDecision on request and notice thereofExtension of period to deal with requestDeemed refusal of requestSeverabilityAccess and forms of access3540454so.

6 20s52 GOVERNhfENT G,4ZE~E. 3 =BRIIARY 20(K)Act NO. ~, 2000 PRO\lOTION OF Access TO 1 NFORMATION ACT. , to health or other recordsLanguage of accessReports to Human Rights CommissionCHAPTER 4 GROUNDS FOR REFUSAL OF Access TO RECORDS5 InterpretationMandatory protection of privacy of third party who is natural personMandatory protection of certain records of South African Revenue ServiceMandatory protection of commercial Information of third partyMandatory protection of certain confidential Information , and protection of 10certain other confidential Information , of third partyMandatory protection of safety of individuals, and protection of propertyMandatory protection of police dockets in bail proceedings.

7 And protection oflaw enforcement and legal proceedingsMandatory protection of records privileged from production in legal proceed- 15ingsDefence, security and international relations of RepublicEconomic interests and financial welfare of Republic and commercial activitiesof public bodiesMandatory protection of research Information of third party, and protection of 20research Information of public bodyOperations of public bodiesManifestly frivolous or vexatious requests, or substantial and unreasonablediversion of resourcesMandatory disclosure in public interestCHAPTER 5 THIRD PARTY NOTIFICATION AND INTERVENTIONN otice to third partiesRepresentations and consent by third partiesDecision on representations for refusal and notice thereofPART 3 Access TO RECORDS OF PRIVATE BODIESCHAPTER 1mGHT OF ACCESSR ight of Access to records of private bodiesCHAPTER 2 PUBLICATION AND AVAItiBILITY OF CERTAIN RECORDSM anualVoluntary disclosure and automatic availability of certain recordsCHAPTER 3 MANNER OF ACCESSForm of requestFeesRecords that cannot be found or do not existDecision on request and notice thereofExtension of period to deal with

8 RequestDeemed refusal of requestSeverabilityForm of accessAccess to health or other recordsCHAPTER 4 GROUNDS FOR REFUSAL OF Access TO RECORDSI nterpretationMandatory protection of privacy of third party who is natural person253035404550 GOVERNME~ GME~, 3 ~BRUARY 2000No. 20852 5 PROMOmON OF Access TO INFOWA~ON ACT, 2000 Act No. 2, protection of commercial Information of third protection of certain confidential Information of third ~ protection of safety of individuals, and protection of protection of records privileged from production in legal proceed-i , Commercial Information of private body69. Mandatory protection of research Information of third party, and protection ofresearch Information of private body70.

9 Mandatory disclosure in public interestCHAPTER 5 THIRD PARTY NOTIFICATION AND INTERVENTION71. Notice to third and consent by third on representations for refusal and notice thereofPART 4 APPEALS AGAINST DECISIONSCHAPTER 1[NTERNAL APPEALS AGAINST DECISIONS OF Information OFFICERSOF CERTAIN PUBLIC BODIES74. Right of internal appeal to relevant authority75. Manner of internal appeal, and appeal to and representations by other interested parties77. Decision on internal appeal and notice thereofCHAPTER 2 APPLICATIONS TO regarding decisions of Information officers or relevant authoritiesof public bodies or heads of private bodies79. of records to, and non-disclosure by, court81.]

10 Proceedings are civil82. Decision on applicationPART jHUMAN RIGHTS functions of Human Rights Commission84. Report to National Assembly by Human Rights Commission85. Expenditure of Human Rights Commission in terms of ActPART 6 TRANSITIONAL of other legislation providing for access87. Extended periods for dealing with requests during first two of personal informationPART 7 GENERAL PROVISIONS89. Liability90. Ofiences91. Amendment of Public Protector Act 23 of 199492. Regulations93. Short title and commencementSCHEDULE3035406No. 20852 GOVERNMENT GAZE~E. 3 FEBRUARY ?000 Act No. 2,2000 PRO\lOTION OF .4 CCESS TO Information ACT. 2000 PART 1~TRODUCTORY PROVISIONSCHAPTER 1 DEFINITIONS AND INTERPRETATIOND efinitions1.