Act 2 of 2000 (GoN 95, G. 20852),
Proc. 20, G. 22125,
Act 42 of 2001 (GoN 1313, G. 22912, c.i.o 7 December 2001),
Proc. 9, G. 23119,
Act 54 of 2002 (GoN 96, G. 24250, c.i.o 15 January 2003),
Act 38 of 2001 (GoN 1262, G. 22886, c.i.o 3 February 2003 [Proc. 5, G. 24349]),
Act 55 of 2003 (GoN 428, G. 26206, c.i.o 31 March 2005 except s 22 [Proc. 13, G. 27406]),
Act 66 of 2008 (GoN 166, G. 31908, c.i.o 17 February 2009),
Act 42 of 2013 (GoN 38, G. 37254, c.i.o 22 January 2014),
Act 24 of 2015 (GoN 21, G. 39587, c.i.o 8 January 2016),
Act 8 of 2017 (GoN 770, G. 41018, c.i.o 2 August 2017),
Act 4 of 2013 (GoN 912, G. 37067 c.i.o 30 June 2021 [Proc. R21, G. 43461]),
Act 31 of 2019 (GoN 630, G. 43388, c.i.o 1 April 2021 [Proc. R10, G. 44403]).
[Commencement: 9 March 2001 except ss 10, 14, 16 and 51: 15 February 2002]
____________________
(English text signed by the President.)
(Assented to 2 February 2000.)
____________________
To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; to provide that the Information Regulator, established in terms of the Protection of Personal Information Act, 2013, must exercise certain powers and perform certain duties and functions in terms of this Act; and to provide for matters connected therewith.
[Long title am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
RECOGNISING THAT—
AND BEARING IN MIND THAT—
AND IN ORDER TO—
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows.
ARRANGEMENT OF SECTIONS
PART 1
INTRODUCTORY PROVISIONS
CHAPTER 1
DEFINITIONS AND INTERPRETATION
CHAPTER 2
GENERAL APPLICATION PROVISIONS
CHAPTER 3
GENERAL INTRODUCTORY PROVISIONS
PART 2
ACCESS TO RECORDS OF PUBLIC BODIES
CHAPTER 1
RIGHT OF ACCESS, AND SPECIFIC APPLICATION PROVISIONS
CHAPTER 2
PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS
CHAPTER 3
MANNER OF ACCESS
CHAPTER 4
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
CHAPTER 5
THIRD PARTY NOTIFICATION AND INTERVENTION
PART 3
ACCESS TO RECORDS OF PRIVATE BODIES
CHAPTER 1
RIGHT OF ACCESS
CHAPTER 2
PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS
CHAPTER 3
MANNER OF ACCESS
CHAPTER 4
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
CHAPTER 5
THIRD PARTY NOTIFICATION AND INTERVENTION
PART 4
APPEALS AGAINST DECISIONS
CHAPTER 1
INTERNAL APPEALS AGAINST DECISIONS OF INFORMATION OFFICERS OF CERTAIN PUBLIC BODIES
CHAPTER 1A
COMPLAINTS TO REGULATOR
77A. Complaints
77B. Modes of complaints to Regulator
77C. Action on receipt of complaint
77D. Regulator may decide to take no action on complaint
77E. Pre-investigation proceedings of Regulator
77F. Settlement of complaints
77G. Investigation proceedings of Regulator
77H. Assessment
77I. Information Notice
77J. Enforcement Notice
77K. Non-compliance with Enforcement Notice
CHAPTER 2
APPLICATIONS TO COURT
PART 5
INFORMATION REGULATOR
PART 6
TRANSITIONAL ARRANGEMENTS
PART 7
GENERAL PROVISIONS
PART 1
INTRODUCTORY PROVISIONS
CHAPTER 1
DEFINITIONS AND INTERPRETATION
In this Act, unless the context otherwise indicates—
“access fee” means a fee prescribed for the purpose of section 22(6) or 54(6), as the case may be;
“application” means an application to a court in terms of section 78;
“biometrics” means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;
[“biometrics” ins by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);
“court” means—
(a) the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or
(i) a High Court or another court of similar status; or
(ii) a Magistrate’s Court for any district or for any regional division established by the Minister for the purposes of adjudicating civil disputes in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), 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, an additional magistrate or a magistrate of a regional division established for the purposes of adjudicating civil disputes, as the case may be, designated in terms of section 91A,
[Para (b)(ii) of “court” subs by s 6 of Act 24 of 2015.]
within whose area of jurisdiction—
(aa) the decision of the information officer or relevant authority of a public body of the head or a private body has been taken;
(bb) the public body or private body concerned has its principal place of administration or business; or
(cc) the requester or third party concerned is domiciled or ordinarily resident;
[“court” subs by s 1 of Act 54 of 2002.]
“evaluative material” means an evaluation or opinion prepared for the purpose of determining—
(a) the suitability, eligibility or qualifications of the person to whom or which the evaluation or opinion relates—
(i) for employment or for appointment to office;
(ii) for promotion in employment or office or for continuance in employment or office;
(iii) for removal from employment or office; or
(iv) for the awarding of a scholarship, award, bursary, honour or similar benefit; or
(b) whether any scholarship, award, bursary, honour or similar benefit should be continued, modified, cancelled or renewed;
“head” of, or in relation to, a private body means—
(a) in the case of a natural person, that natural person or any person duly authorised by that natural person;
(b) in the case of a partnership, any partner of the partnership or any person duly authorised by the partnership;
(c) in the case of a juristic person—
(i) the chief executive officer of equivalent officer of the juristic person or any person duly authorised by that officer; or
(ii) the person who is acting as such or any person duly authorised by such acting person;
“health practitioner” means an individual who carries on, and is registered in terms of legislation to carry on, an occupation which involves the provision of care or treatment for the physical or mental health or for the well-being of individuals;
“Human Rights Commission” .
[“Human Rights Commission” rep by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
“individual’s next of kin” means—
(a) an individual to whom the individual was married immediately before the individual’s death;
(b) an individual with whom the individual lived as if they were married immediately before the individual’s death;
(c) a parent, child, brother or sister of the individual; or
(i) there is no next of kin referred to in paragraphs (a), (b) and (c); or
(ii) the requester concerned took all reasonable steps to locate such next of kin, but was unsuccessful,
an individual who is related to the individual in the second degree of affinity or consanguinity;
“information officer” of, or in relation to, a public body—
(a) in the case of a national department, provincial administration or organisational component—
(i) mentioned in Column 1 of Schedule 1 or 3 to the Public Service Act, 1994 (Proclamation 103 of 1994), means the officer who is the incumbent of the post bearing the designation mentioned in Column 2 of the said Schedule 1 or 3 opposite the name of the relevant national department, provincial administration or organisational component or the person who is acting as such; or
(ii) not so mentioned, means the Director-General, head, executive director or equivalent officer, respectively, of that national department, provincial administration or organisational component, respectively, or the person who is acting as such;
[“information officer” subs by s 21 of Act 42 of 2001.]
(b) in the case of a municipality, means the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), or the person who is acting as such; or
(c) in the case of any other public body, means the chief executive officer, or equivalent officer, of that public body or the person who is acting as such;
“Information Regulator” means the Information Regulator established in terms of section 39 of the Protection of Personal Information Act, 2013;
[“Information Regulator” ins by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
“internal appeal” means an internal appeal to the relevant authority in terms of section 74;
“international organisation” means an international organisation—
(a) of states; or
(b) established by the governments of states;
“Minister” means the Cabinet member responsible for the administration of justice;
“notice” means notice in writing, and “notify” and “notified” have corresponding meanings;
“objects of this Act” means the objects of this Act referred to in section 9;
“official”, in relation to a public or private body, means—
(a) any person in the employ (permanently or temporarily and full-time or part-time) of the public or private body, as the case may be, including the head of the body, in his or her capacity as such; or
(b) a member of the public or private body, in his or her capacity as such;
“person” means a natural person or a juristic person;
“personal information” means information relating to an identifiable natural person, including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assigned to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,
but excludes information about an individual who has been dead for more than 20 years;
[“personal information” subs by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
“personal requester” .
[“personal requester” rep by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
“prescribed” means prescribed by regulation in terms of section 92;
“private body” means—
(a) a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
(b) a partnership which carries or has carried on any trade, business or profession; or
(c) any former or existing juristic person,
but excludes a public body;
“public safety or environmental risk” means harm or risk to the environment or the public (including individuals in their workplace) associated with—
(a) a product or service which is available to the public;
(b) a substance released into the environment, including, but not limited to, the workplace;
(c) a substance intended for human or animal consumption;
(d) a means of public transport; or
(e) an installation or manufacturing process or substance which is used in that installation or process;
“public body” means—
(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere or government; or
(b) any other functionary or institution when—
(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any legislation;
“record” of, or in relation to, a public or private body, means any recorded information—
(a) regardless of form or medium;
(b) in the possession or under the control of that public or private body, respectively; and
(c) whether or not it was created by that public or private body, respectively;
“relevant authority”, in relation to—
(a) a public body referred to in paragraph (a) of the definition of “public body” in the national sphere of government, means—
(i) in the case of the Office of Presidency, the person designated in writing by the President; or
(ii) in any other case, the Minister responsible for that public body or the person designated in writing by that Minister;
(b) a public body referred to in paragraph (a) of the definition of “public body” in the provincial sphere or government, means—
(i) in the case of the Office of a Premier, the person designated in writing by the Premier; or
(ii) in any other case, the member of the Executive Council responsible for that public body or the person designated in writing by that member; or
(c) a municipality, means—
(i) the mayor;
(ii) the speaker; or
(iii) any other person,
designated in writing by the Municipal Council of that municipality;
“request for access”, in relation to—
(a) a public body, means a request for access to a record of a public body in terms of section 11; or
(b) a private body, means a request for access to a record of a private body in terms of section 50;
“requester” in relation to—
(a) a public body, means—
(i) any person (other than a public body contemplated in paragraph (a) or (b)(i) of the definition of “public body”, or an official thereof) making a request for access to a record of that public body; or
(ii) a person acting on behalf of the person referred to in subparagraph (i);
(b) a private body, means—
(i) any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that private body; or
(ii) a person acting on behalf of the person contemplated in subparagraph (i);
“subversive or hostile activities” means—
(a) aggressive against the Republic;
(b) sabotage or terrorism aimed at the people of the Republic or a strategic asset of the Republic, whether inside or outside the Republic;
(c) an activity aimed at changing the constitutional order of the Republic by the use of force or violence; or
(d) a foreign or hostile intelligence operation;
“third party”, in relation to a request for access to—
(a) a record of a public body, means any person (including, but not limited to, the government of a foreign state, an international organisation or an organ of that government or organisation) other than—
(i) the requester concerned; and
(ii) a public body; or
(b) a record of a private body, means any person (including, but not limited to, a public body) other than the requester,
but, for the purposes of sections 34 and 63, the reference to “person” in paragraphs (a) and (b) must be construed as a reference to “natural person”;
“this Act” includes any regulation made and in force in terms of section 92;
“transfer”; in relation to a record, means transfer in terms of section 20(1) or (2), and “transferred” has a corresponding meaning;
“working days” means any days other than Saturdays, Sundays or public holidays, as defined in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994).
(1) When interpreting a provision of this Act, every court must prefer any reasonable interpretation of the provision that is consistent with the objects of this Act over any alternative interpretation that is inconsistent with those objects.
(2) Section 12 must not be construed as excluding—
(a) the Cabinet and its committees; or
(b) an individual member of Parliament or of a provincial legislature,
from the operation of the definition of “requester” in relation to a private body in section 1, section 50 and all other provisions of this Act related thereto.
[S 2(2) subs by s 22 of Act 42 of 2001.]
(3) For the purposes of this Act, the South African Revenue Service, established by section 2 of the South African Revenue Service Act, 1997 (Act 34 of 1997), and referred to in section 35(1), is a public body.
CHAPTER 2
GENERAL APPLICATION PROVISIONS
This Act applies to—
(a) a record of a public body; and
(b) a record of a private body,
regardless of when the record came into existence.
For the purposed of this Act, but subject to section 12, a record in the possession or under the control of—
(a) an official of a public body or private body in his or her capacity as such; or
(b) an independent contractor engaged by a public body or private body in the capacity as such contractor,
is regarded as being a record of that public body or private body, respectively.
This Act applies to the exclusion of any provision of other legislation that—
(a) prohibits or restricts the disclosure of a record of a public body or private body; and
(b) is materially inconsistent with an object, or specific provision, of this Act.
Nothing in this Act prevents the giving of access to—
(a) a record of a public body in terms of any legislation referred to in Part 1 of the Schedule; or
(b) a record of a private body in terms of any legislation referred to in Part 2 of the Schedule.
[Section heading subs by s 23 of Act 42 of 2001.]
(1) This Act does not apply to a record of a public body or a private body if—
(a) that record is requested for the purpose of criminal or civil proceedings;
(b) so requested after the commencement of such criminal or civil proceedings, as the case may be; and
(c) the production of or access to that record for the purpose referred to in paragraph (a) is provided for in any other law.
(2) Any record obtained in a manner that contravenes subsection (1) is not admissible as evidence in the criminal or civil proceedings referred to in that subsection unless the exclusion of such record by the court in question would, in its opinion, be detrimental to the interests of justice.
(1) For the purposes of this Act, a public body referred to in paragraph (b)(ii) of the definition of “public body” in section 1, or a private body—
(a) may be either a public body or a private body in relation to a record of that body; and
(b) may in one instance be a public body and in another instance be a private body, depending on whether that record relates to the exercise of a power of performance of a function as a public body or as a private body.
(2) A request for access to a record held for the purpose or with regard to the exercise of a power or the performance or a function—
(a) as a public body, must be made in terms of section 11; or
(b) as a private body, must be made in terms of section 50.
(3) The provisions of Parts 1, 3, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a public body.
(4) The provisions of Parts 1, 3, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a private body.
CHAPTER 3
GENERAL INTRODUCTORY PROVISIONS
The objects of this Act are—
(a) to give effect to the constitutional right of access to—
(i) any information held by the State; and
(ii) any information that is held by another person and that is required for the exercise or protection of any rights;
(b) to give effect to that right—
(i) subject to justifiable limitations, including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance; and
(ii) in a manner which balances that right with any other rights, including the rights in the Bill or Rights in Chapter 2 of the Constitution;
(c) to give effect to the constitutional obligations of the State of promoting a human rights culture and social justice, by including public bodies in the definition of “requester”, allowing them, amongst others, to access information from private bodies upon compliance with the four requirements in this Act, including an additional obligation for certain public bodies in certain instances to act in the public interest;
(d) to establish voluntary and mandatory mechanisms or procedures to give effect to that right in a manner which enables persons to obtain access to records of public and private bodies as swiftly, inexpensively and effortlessly as reasonably possible; and
(e) generally, to promote transparency, accountability and effective governance of all public and private bodies by, including, but not limited to, empowering and educating everyone—
(i) to understand their rights in terms of this Act in order to exercise their rights in relation to public and private bodies;
(ii) to understand the functions and operation of public bodies; and
(iii) to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights.
(1) The Information Regulator must update and make available the existing guide that has been compiled by the South African Human Rights Commission 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 and the Protection of Personal Information Act, 2013.
(2) The guide must, without limiting the generality of subsection (1), include a description of—
(a) the objects of this Act and the Protection of Personal Information Act, 2013;
(b) the manner and form of a request for —
(i) access to a record of a public body contemplated in section 11; and
(ii) access to a record of a private body contemplated in section 50;
(c) the assistance available from the information officer of a public body in terms of this Act and the Protection of Personal Information Act, 2013;
(d) the assistance available from the Information Regulator in terms of this Act and the Protection of Personal Information Act, 2013;
(e) 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 and the Protection of Personal Information Act, 2013, including the manner of lodging—
(i) an internal appeal; and
(ii) a complaint to the Information Regulator; and
(iii) an application with a court against a decision by the information officer of a public body, a decision on internal appeal, a decision by the Information Regulator or a decision of the head of a private body;
(f) 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;
(g) the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
(h) the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
(i) the regulations made in terms of section 92.
(3) The Information Regulator 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.
[Commencement of s 10: 15 February 2002; s 10 subs by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
PART 2
ACCESS TO RECORDS OF PUBLIC BODIES
CHAPTER 1
RIGHT OF ACCESS, AND SPECIFIC APPLICATION PROVISIONS
(1) A requester must be given access to a record of a public body if—
(a) that requester complies with all the procedural requirements in this Act relating to a request for access to that record; and
(b) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
(2) A request contemplated in subsection (1) excludes a request for access to a record containing personal information about the requester.
[S 11(2) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(3) A requester’s right of access contemplated in subsection (1) is, subject to this Act, not affect by—
(a) any reasons the requester gives for requesting access; or
(b) the information officer’s belief as to what the requester’s reasons are for requesting access.
This Act does not apply to a record—
(a) of the Cabinet and its committees;
(b) relating to the judicial functions of—
(i) a court referred to in section 166 of the Constitution;
(ii) a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996); or
(ii) a judicial officer of such court or Special Tribunal;
(c) of an individual member of Parliament or of a provincial legislature in that capacity; or
(d) 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 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.
[S 12 subs by s 25 of Act 42 of 2001, s 21 of Act 55 of 2003.]
For the purpose of this Act, the Minister may, on his or her own accord or on the request of the relevant public body or bodies or a body referred to in paragraph (c), by notice in the Gazette—
(a) determine that a public body is to be regarded as part of another public body;
(b) determine that a category of public bodies is to be regarded as one public body with such information officer as the Minister designates; and
(c) if there is doubt as to whether a body is a separate public body or forms part of a public body, determine that the body—
(i) is a separate public body; or
(ii) forms part of a public body.
[S 13 subs by s 26 of Act 42 of 2001.]
CHAPTER 2
PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS
(1) The information officer of a public body must in at least three official languages make available, as referred to in subsection (3), a manual containing—
(a) in general—
(i) a description of its structure and functions;
(ii) the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body and of every deputy information officer of the body designated in terms of section 17(1);
(iii) a description of all remedies available in respect of an act or a failure to act by the body; and
(iv) such other information as may be prescribed;
(b) insofar as this Act is concerned—
(i) a description of the guide referred to in section 10, if available, and how to obtain access to it;
(ii) sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;
(iii) the latest notice, in terms of section 15(2), if any, regarding the categories of records of the body which are available without a person having to request access in terms of this Act;
(iv) a description of the services available to members of the public from the body and how to gain access to those services; and
(v) a description of any arrangement or provision for a person (other than a public body referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1) by consultation, making representations or otherwise, to participate in or influence—
(aa) the formulation of policy; or
(bb) the exercise of powers or performance of duties,
(c) insofar as the Protection of Personal Information Act, 2013, is concerned—
(i) the purpose of the processing;
(ii) a description of the categories of data subjects and of the information or categories of information relating thereto;
(iii) the recipients or categories of recipients to whom the personal information may be supplied;
(iv) planned transborder flows of personal information; and
(v) a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.
[S 14(1) subs by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(2) A public body must, if necessary, update and publish its manual referred to in subsection (1) at intervals of not more than one year.
(3) The manual referred to in subsection (1), or the updated version thereof as referred to in subsection (2) must be made available—
(a) on the website, if any, of the public body;
(b) at the head office of the public body for public inspection during normal business hours;
(c) to any person upon request and upon the payment of a reasonable amount; and
(d) to the Information Regulator upon request.
[S 14(3) subs by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(a) If the functions of two or more public bodies are closely connected, the Minister may on request or of his or her own accord determine that the two or more bodies compile one manual only.
(b) The public bodies in question must share the cost of the compilation and making available of such manual as the Minister determines.
(5) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord by notice in the Gazette, exempt any public body or category of the public bodies from any provision of this section for such period as the Minister thinks fit.
[Commencement of s 14: 15 February 2002.]
(1) The information officer of a public body, referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1, must make available in the prescribed manner a description of—
(a) the categories of records of the public body that are automatically available without a person having to request access in terms of this Act, including such categories available—
(i) for inspection in terms of legislation other than this Act;
(ii) for purchase or copying from the body; and
(iii) from the body free of charge; and
(b) how to obtain access to such records.
[S 15(1) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
[S 15(2) rep by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(3) The only fee payable (if any) for access to a record referred to in subsection (1) is a prescribed fee for reproduction.
[S 15(3) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(4) The information officer of a public body may delete any part of a record contemplated in subsection (1)(a) which, on a request for access, may or must be refused in terms of Chapter 4 of this Part.
(5) Section 11 and any other provisions in this Act related to that section do not apply to any category of records included in a notice in terms of subsection (2).
The Director-General of the national department responsible for government communications and information services must at that department’s cost ensure the publication of the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of every public body in every telephone directory issued for general use by the public as are prescribed.
[Commencement of s 16: 15 February 2002.]
CHAPTER 3
MANNER OF ACCESS
(1) For the purposes of this Act, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
(2) The information officer of a public body has direction and control over every deputy information officer of that body.
(3) The information officer of a public body may delegate a power or duty conferred or imposed on that information officer by this Act to a deputy information officer of that public body.
(4) In deciding whether to delegate a power or duty in terms or subsection (3), the information officer must give due consideration to the need to render the public body as accessible as reasonably possible for requesters of its records.
(5) Any power or duty delegated in terms of subsection (3) must be exercised or performed subject to such condition as the person who made the delegation considers necessary.
(6) Any delegation in terms of subsection (3)—
(a) must be in writing
(b) does not prohibit the person who made the delegation from exercising the power concerned or performing the duty concerned himself or herself; and
(c) may at any time be withdrawn or amended in writing by that person.
(7) Any right or privilege acquired, or any obligation or liability incurred, as a result of a decision in terms of a delegation in terms of subsection (3) is not affected by any subsequent withdrawal or amendment of that decision.
(1) A request for access must be made in the prescribed form to the information officer of the public body concerned at his or her address or fax number or electronic mail address.
(2) The form for a request of access prescribed for the purposes of subsection (1) must at least require the requester concerned—
(a) to provide sufficient particulars to enable an official of the public body concerned to identify—
(i) the record or records requested; and
(ii) the requester;
(b) to indicate which applicable form of access referred to in section 29(2) is required;
(c) to state whether the record concerned is preferred in a particular language;
(d) to specify a postal address or fax number of the requester in the Republic;
(e) if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed; and
(f) if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer.
(a) An individual who because of illiteracy or a disability is unable to make a request for access to a record of a public body in accordance with subsection (1), may make that request orally.
(b) The information officer of that body must reduce that oral request to writing in the prescribed form and provide a copy thereof to the requester.
(1) If a requester informs the information officer of—
(a) a public body that he or she wishes to make a request for access to a record of that public body; or
(b) a public body (other than a public body referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1) that he or she wishes to make a request for access to a record of another public body,
the information officer must render such reasonable assistance, free of charge, as is necessary to enable that requester to comply with section 18(1).
(2) If a requester has made a request for access that does not comply with section 18(1), the information officer concerned may not refuse the request because of that non-compliance unless the information officer has—
(a) notified that requester of an intention to refuse the request and stated in the notice—
(i) the reasons for the contemplated refusal; and
(ii) that the information officer or another official identified by the information officer would assist that requester in order to make the request in a form that would remove the grounds for refusal;
(b) given the requester a reasonable opportunity to seek such assistance;
(c) as far as reasonably possible, furnished the requester with any information (including information about the records, other than information on the basis of which a request for access may or must be refused in terms of any provision of Chapter 4 of this Part, held by the body which are relevant to the request) that would assist the making of the request in that form; and
(d) given the requester a reasonable opportunity to confirm the request or alter it to comply with section 18(1).
(3) When computing any period referred to in section 25(1), the period commencing on the date on which notice is given in terms of subsection (2) and ending on the date on which the person confirms or alters the request for access concerned must be disregarded.
(4) If it is apparent on receipt of a request for access that it should have been made to another public body, the information officer of the public body concerned must—
(a) render such assistance as is necessary to enable the person to make the request, to the information officer of the appropriate public body; or
(b) transfer the request in accordance with section 20 to the last-mentioned information officer,
whichever will result in the request being dealt with earlier.
(1) If a request for access is made to the information officer of a public body in respect of which—
(a) the record is not in the possession or under the control of that body but is in the possession of another public body;
(b) the record’s subject matter is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; or
(c) the record contains commercial information contemplated in section 42 in which any other public body has a greater commercial interest,
the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received—
(i) transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and
(ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer.
(2) If a request for access is made to the information officer of a public body in respect of which—
(a) the record is not in the possession or under the control of the public body of that information officer and the information officer does not know which public body has possession or control of the record;
(b) the record’s subject matter is not closely connected to the functions of the public body of that information officer and the information officer does not know whether the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; and
(c) the record—
(i) was created by or for another public body; or
(ii) was not so created by or for any public body, but was received first by another public body,
the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be.
(3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request.
(4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred.
(5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of—
(a) the transfer,
(b) the reasons for the transfer; and
(c) the period within which the request must be dealt with.
If the information officer of a public body has received a request for access to a record of the body, that information officer must take the steps that are reasonably necessary to preserve the record, without deleting any information contained in it, until the information officer has notified the requester concerned of his or her decision in terms of section 25 and—
(a) the periods for lodging an internal appeal, a complaint to the Information Regulator, an application with a court or an appeal against a decision of that court have expired; or
[S 21(a) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(b) that internal appeal, complaint to the Information Regulator, application or appeal against a decision of that court or other legal proceedings in connection with the request has been finally determined,
[S 21(b) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
whichever is the later.
(1) The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
[S 22(1) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(a) the search for a record of a public body in respect of which a request for access by a requester has been made; and
(b) the preparation of the record for disclosure (including any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii) (aa)),
would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
[S 22(2) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(3) The notice referred to in subsection (1) or (2) must state—
(a) the amount of the deposit payable in terms of subsection (2), if applicable;
(b) that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and
(b) the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
[S 22(3) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(4) If a deposit has been paid in respect of a request for access which is refused, the information officer concerned must repay the deposit to the requester.
(5) The information officer of a public body must withhold a record until the requester concerned has paid the applicable fees (if any).
(6) A requester whose request for access to a record of a public body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7)(a) and (b), respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa) the record for disclosure.
(7) Access fees prescribed for the purposes of subsection (6) must provide for a reasonable access fee for—
(a) the cost of making a copy of a record, or of a transcription of the content of a record, as contemplated in section 29(2)(a) and (b)(i), (ii)(bb), and (v) and, if applicable, the postal fee; and
(b) the time reasonably required to search for the record and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure to the requester.
(8) The Minister may, by notice in the Gazette—
(a) exempt any person or category of person from paying any fee referred to in this section;
(b) determine that any fee referred to in this section is not to exceed a certain maximum amount;
(c) determine the manner in which any fee referred to in this section is to be calculated;
(d) determine that any fee referred to in this section does not apply to a category of records;
(e) exempt any person or record or category or persons or records for a stipulated period from any fee referred to in subsection (6); and
(f) determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such a fee does not apply.
(a) all reasonable steps have been taken to find a record requested; and
(b) there are reasonable grounds for believing that the record—
(i) is in the public body’s possession but cannot be found; or
(ii) does not exist,
the information officer of a public body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
(2) The affidavit or affirmation referred to in subsection (1) must give a full account of all steps taken to find the record in question or to determine whether the record exist, as the case may be, including all communications with every person who conducted the search on behalf of the information officer.
(3) For the purposes of this Act, the notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record.
(4) If, after notice is given in terms of subsection (1), the record in question is found, the requester concerned must be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of this Part.
(1) If the information officer of a public body decides to grant a request for access to a record, but that record—
(a) is to be published within 90 days after the receipt or transfer of the request or such further period as is reasonably necessary for printing and translating the record for the purpose of publishing it;
(b) is required by law to be published but is yet to be published; or
(c) has been prepared for submission to any legislature or a particular person but is yet to be submitted,
the information officer may defer giving access to the record for a reasonable period.
(2) If access to a record is deferred in terms of subsection (1), the information officer must notify the requester concerned—
(a) that the requester may, within 30 days after that notice is given, make representations to the information officer why the record is required before such publication or submission; and
(b) of the likely period for which access is to be deferred.
(3) If a requester makes representations in terms of subsection (2)(a), the information officer must, after due consideration of those representations, grant the request for access only if there are reasonable grounds for believing that the requester will suffer substantial prejudice if access to the record is deferred for the likely period referred to in subsection (2)(b).
(1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event within 30 days, after the request is received—
(a) decide in accordance with this Act whether to grant the request; and
(b) notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she wished to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
[S 25(1) subs by s 28 of Act 42 of 2001.]
(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a) the access fee (if any) to be paid upon access;
(b) the form in which access will be given; and
(c) that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application as the case may be.
[S 25(2)(c) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(3) If the request for access is refused, the notice in terms of subsection (1)(b) must—
(a) state adequate reasons for the refusal, including the provisions of the Act relied upon;
(b) exclude, from such reasons, any reference to the content of the record; and
(c) state that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
[S 25(3)(c) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(1) The information officer to whom a request for access has been made or transferred, may extend the period of 30 days referred to in section 25(1) (in this section referred to as the “original period”) once for a further period of not more than 30 days, if—
(a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned;
(b) the request requires a search for records in, or collection thereof from, an office of the public body not situated in the same town or city as the office of the information officer that cannot reasonably be completed within the original period;
(c) consultation among divisions of the public body or with another public body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original period;
(d) more than one of the circumstances contemplated in paragraphs (a), (b) and (c) exist in respect of the request making compliance with the original period not reasonably possible; or
(e) the requester consents in writing to such extension.
(2) If a period is extended in terms of subsection (1), the information officer must, as soon as reasonably possible, but in any event within 30 days, after the request is received or transferred, notify the requester of the extension.
(3) The notice in terms of subsection (2) must state—
(a) the period of the extension;
(b) adequate reasons for the extension, including the provisions of this Act relied upon; and
(c) that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
[S 26(3)(c) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
If an information officer fails to give the decision on a request for access to the requester concerned within the period contemplated in section 25(1), the information officer is, for the purposes of this Act, regarded as having refused the request.
(1) If a request for access is made to a record of a public body containing information which may or must be refused in terms of any provision of Chapter 4 of this Part, every part of the record which—
(a) does not contain; and
(b) can reasonably be severed from any part that contains,
any such information must, despite any other provision of this Act, be disclosed.
(2) If a request for access to—
(a) a part of a record is granted; and
(b) the other part of the record is refused,
as contemplated in subsection (1), the provisions of section 25(2), apply to paragraph (a) of this subsection and the provisions of section 25(3) apply to paragraph (b) of this subsection.
[S 28(2) subs by s 29 of Act 42 of 2001.]
(1) If a requester has been given notice in terms of section 25(1) that his or her request for access has been granted, that requester must, subject to subsections (3) and (9) and section 31—
(a) if an access fee is payable, upon payment of that fee; or
(b) if no access fee is payable, immediately,
be given access in the applicable forms referred to in subsection (2) as the requester indicated in the request, and in the language contemplated in section 31.
(2) The forms of access to a record in respect of which a request of access has been granted, are the following—
(a) If the record is in written or printed form, by supplying a copy of the record or by making arrangements for the inspection of the record;
(b) if the record is not in written or printed form—
(i) in the case or a record from which visual images or printed transcriptions of those images are capable of being reproduced by means of equipment which is ordinarily available to the public body concerned, by making arrangements to view those images or be supplied with copies or transcriptions of them;
(ii) in the case of a record in which words or information are recorded in such a manner that they are capable of being reproduced in the form of sound by equipment which is ordinarily available to the public body concerned—
(aa) by making arrangements to hear those sounds; or
(bb) if the public body is capable of producing a written or printed transcription of those sounds by the use of equipment which is ordinarily available to it, by supplying such a transcription;
(iii) in the case or a record which is held on computer, or in electronic or machine-readable form, and from which the public body concerned is capable of producing a printed copy of—
(aa) the record, or part of it; or
(bb) information derived from the record,
by using computer equipment and expertise ordinarily available to the public body, by supplying such a copy;
(iv) in the case of a record available or capable of being made available in computer readable form, by supplying a copy in that form; or
(v) in any other case, by supplying a copy of the record.
(3) If the requester has requested access in a particular form, access must, subject to section 28, be given in that form, unless to do so would—
(a) interfere unreasonably with the effective administration of the public body concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or the public body concerned.
(4) If a requester has requested access in a particular form and for a reason referred to in subsection (3) access in that form is refused but access is given in another form, the fee charged may not exceed what would have been charged if that requester had been given access in the form requested.
(5) If a requester with a disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the public body concerned, the information officer of the body must, if that requester so requests, take reasonable steps to make the record available in a form in which it is capable of being read, viewed or heard by the requester.
(6) If a record is made available in accordance with subsection (5), the requester may not be required to pay an access fee which is more than the fee which he or she would have been required to pay but for the disability.
(7) If a record is made available in terms of this section to a requester for inspection, viewing or hearing, the requester may make copies of or transcribe the record using the requester’s equipment, unless to do so would—
(a) interfere unreasonably with the effective administration of the public body concerned;
(b) be detrimental to the preservation of the record; or
(c) amount to an infringement of copyright not owned by the State or public body concerned.
(8) If the supply to a requester of a copy of a record is required by this section, the copy must, if so requested, be supplied by posting it to him or her.
(9) If an internal appeal, complaint to the Information Regulator or an application to a court, as the case may be, is lodged against the granting of a request for access to a record, access to the record may be given only when the decision to grant the request is finally confirmed.
[S 29(9) am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
(1) If the information officer who grants, in terms of section 11, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being—
(a) of the requester; or
(b) if the request has been made on behalf of the person to whom the record relates, or that person,
(in this section, the requester and person referred to paragraphs (a) and (b), respectively, are referred to as the “relevant person”), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the information officer may, before giving access in terms of section 29, consult with a health practitioner who, subject to subsection (2), has been nominated by that relevant person.
(2) If the relevant person is—
(a) under the age of 16 years, a person having parental responsibilities for the relevant person must make the nomination contemplated in subsection (1); or
(b) incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination.
(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person would be likely to cause serious harm to his or her physical or mental health, or well-being, the information officer may only give access to the record if the requester proves to the satisfaction of the information officer that adequate provision is made for such counselling or arrangements as are reasonable practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person.
(b) Before access to the record is given to the requester, the person responsible for such counselling or arrangements must be given access to the record.
A requester whose request for access to a record of a public body has been granted must, if the record—
(a) exists in the language that the requester prefers, be given access in that language; or
(b) does not exist in the language so preferred or the requester has no preference or has not indicated a preference, be given access in any language the record exists in.
[Section heading am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
The information officer of each public body must annually submit to the Information Regulator a report stating in relation to the public body—
(a) the number of requests for access received;
(b) the number of requests for access granted in full;
(c) the number of request for access granted in terms of section 46;
(d) 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 partial;
(e) the number of cases in which the periods stipulated in section 25(1) were extended in terms of section 26(1);
(f) 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;
[S 32(g) renumbered as s 32(f) by s 30 of Act 42 of 2001.]
(g) 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;
[S 32(h) renumbered as s 32(g) by s 30 of Act 42 of 2001.]
(h) the number of applications to a court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77(7); and
[S 32(i) renumbered as s 32(h) by s 30 of Act 42 of 2001.]
(i) such other matters as may be prescribed.
[S 32(j) renumbered as s 32(i) by s 30 of Act 42 of 2001.]
[S 32 am by s 110 (Sch) of Act 4 of 2013 wef 30 June 2021.]
CHAPTER 4
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
(1) The information officer of a public body—
(a) must refuse a request for access to a record contemplated in section 34(1), 35(1), 36(1), 37(1)(a), 38(a), 39(1)(a), 40 or 43(1); or
(b) may refuse a request for access to a record contemplated in section 37(1)(b), 38(b), 39(1)(b), 41(1)(a) or (b), 42(1) or (3), 43(2), 44(1) or (2) or 45,
unless the provisions of section 46 apply.
(2) A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, may not be construed as—
(a) limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record must or may or may not be refused; and
(b) not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, also applies to that record.
(1) Subject to subsection (2), the information officer of a public body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a) about an individual who has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned;
(b) that was given to the public body by the individual to whom it relates and the individual was informed by or on behalf of the public body, before it is given, that the information belongs to a class of information that would or might be made available to the public;
(c) already publicly available;
(d) about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is—
(i) under the age of 18 years; or
(ii) incapable of understanding the nature of the request,
and if giving access would be in the individual’s best interests;
(e) about an individual who is deceased and the requester is—
(i) the individual’s next of kin; or
(ii) making the request with the written consent of the individual’s next of kin; or
(f) about an individual who is or was an official of a public body and which relates to the position or functions of the individual, including, but not limited to—
(i) the fact that the individual is or was an official or that public body;
(ii) the title, work address, work phone number and other similar particulars of the individual;
(iii) the classification, salary scale, remuneration and responsibilities of the position held or services performed by the individual; and
[S 34(2)(f)(iii) subs by s 31 of Act 42 of 2001.]
(iv) the name of the individual on a record prepared by the individual in the course of employment.
(1) Subject to subsection (2), the information officer of the South African Revenue Service, referred to in section 2(3), must refuse a request for access to a record of that Service if it contains information which was obtained or is held by that Service for the purposes of enforcing legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act 34 or 1997).
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the requester or the person on whose behalf the request is made.
(1) Subject to subsection (2), the information officer of a public body must refuse a request for access for access to a record of the body if the record contains—
(a) trade secrets of a third party;
(b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or
(c) information supplied in confidence by a third party the disclosure of which could reasonably be expected—
(i) to put that third party at a disadvantage in contractual or other negotiations; or
(ii) to prejudice that third party in commercial competition.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a) already publicly available;
(b) about a third party who has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned; or
(c) about the results of any product or environmental testing or other investigation supplied by a third party or the result of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.
[S 36(2)(c) subs by s 32 of Act 42 of 2001.]
(3) For the purposes of subsection (2)(c), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.
(1) Subject to subsection (2), the information officer of a public body—
(a) must refuse a request for access to a record of the body if the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement; or
(b) may refuse a request for access to a record of the body if the record consists of information that was supplied in confidence by a third party—
(i) the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source; and
(ii) if it is in the public interest that similar information, or information from the same source, should continue to be supplied.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a) already publicly available; or
(b) about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned.
The information officer of a public body—
(a) must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life of physical safety of an individual; or
(b) may refuse a request for access to a record of the body if its disclosure would be likely to prejudice or impair—
(i) the security of—
(aa) a building, structure or system, including, but not limited to, a computer or communication system;