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WATER IS LIFE, SANITATION IS DIGNITY

Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Promotion of Access to Information Act 2 of 2000

Open Policy Document Open Policy Document
This document has been opened: 649 times to date.
Date Of Release: 03 Feb 2000
Date Of Expected Review:
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department for Public Service and Administration
Contact Name: Switchboard
Phone Number: 012 336 1000
Fax Number: 012 326 7802
Email:
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 336 1000
Fax Number: (012) 326 7802
Email:
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

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. and to provide for matters connected therewith. The State must bear in mind that it is required to respect, protect, promote and fulfil, at least, all the rights in the Bill 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 be limited to the extent that the limitations are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in section 36 of the Constitution. Reasonable legislative measures may, in terms of section 32(2) of the Constitution, be provided to alleviate the administrative and financial burden on the State in giving effect to its obligation to promote and fulfil the right of access to information. The legislation aims to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information.; and it also aims to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights.

Section Summary

  Section Number Section Heading Section Description
5 HUMAN RIGHTS COMMISSION Additional functions of Human Rights Commission; Report to National Assembly by Human Rights Commission; Expenditure of Human Rights Commission in terms of Act
6 TRANSITIONAL ARRANGEMENTS Application of other legislation providing for access; Extended periods for dealing with requests during first two years; Correction of personal information
7 GENERAL PROVISIONS Liability; Offences; Amendment of Public Protector Act 23 of 1994; Regulations; Short title and commencement
1-1 INTRODUCTORY PROVISIONS - DEFINITIONS AND INTERPRETATION Definitions; Interpretation of Act
1-2 INTRODUCTORY PROVISIONS - GENERAL APPLICATION PROVISIONS Act applies to record whenever it came into existence
Records held by official or independent contractor of public or private body
Application of other legislation prohibiting or restricting disclosure
Application of other legislation providing for access
Act not applying to records required for criminal or civil proceedings after commencement of proceedings
Act applies to record whenever it came into existence; Records held by official or independent contractor of public or private body; Application of other legislation prohibiting or restricting disclosure; Application of other legislation providing for access; Act not applying to records required for criminal or civil proceedings after commencement of proceedings; Part applicable when performing functions as public or private body
1-3 INTRODUCTORY PROVISIONS - GENERAL INTRODUCTORY PROVISIONS Objects of Act
Objects of Act Guide; on how to use Act
2-1 ACCESS TO RECORDS OF PUBLIC BODIES - RIGHT OF ACCESS, AND SPECIFIC APPLICATION PROVISIONS Right of access to records of public bodies; Act not applying to certain public bodies or officials thereof; Body determined to be part of another public body
2-2 ACCESS TO RECORDS OF PUBLIC BODIES - PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS Manual on functions of, and index of records held by, public body; Voluntary disclosure and automatic availability of certain records; Information in telephone directory
2-3 ACCESS TO RECORDS OF PUBLIC BODIES - MANNER OF ACCESS Designation of deputy information officers, and delegation; Form of requests; Duty to assist requesters; Transfer of requests; Preservation of records until final decision on request; Fees; Records that cannot be found or do not exist; Deferral of access; Decision on request and notice thereof; Extension of period to deal with request; Deemed refusal of request; Severability; Access and forms of access; Access to health or other records; Language of access; Reports to Human Rights Commission
2-4 ACCESS TO RECORDS OF PUBLIC BODIES - GROUNDS FOR REFUSAL OF ACCESS TO RECORDS Interpretation; Mandatory protection of privacy of third party who is natural person; Mandatory protection of certain records of South African Revenue Service; Mandatory protection of commercial information of third party; Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party; Mandatory protection of safety of individuals, and protection of property; Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings; Mandatory protection of records privileged from production in legal proceedings; Defence, security and international relations of Republic; Economic interests and financial welfare of Republic and commercial activities of public bodies; Mandatory protection of research information of third party, and protection of research information of public body; Operations of public bodies; Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources; Mandatory disclosure in public interest
2-5 ACCESS TO RECORDS OF PUBLIC BODIES - THIRD PARTY NOTIFICATION AND INTERVENTION Notice to third parties; Representations and consent by third parties; Decision on representations for refusal and notice thereof
3-1 ACCESS TO RECORDS OF PRIVATE BODIES - RIGHT OF ACCESS Right of access to records of private bodies
3-2 ACCESS TO RECORDS OF PRIVATE BODIES - PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS Manual; Voluntary disclosure and automatic availability of certain records
3-3 ACCESS TO RECORDS OF PRIVATE BODIES - MANNER OF ACCESS Form of request; Fees; Records that cannot be found or do not exist; Decision on request and notice thereof; Extension of period to deal with request; Deemed refusal of request; Severability; Form of access; Access to health or other records
3-4 ACCESS TO RECORDS OF PRIVATE BODIES - GROUNDS FOR REFUSAL OF ACCESS TO RECORDS Interpretation; Mandatory protection of privacy of third party who is natural person; Mandatory protection of commercial information of third party; Mandatory protection of certain confidential information of third party; Mandatory protection of safety of individuals, and protection of property; Mandatory protection of records privileged from production in legal proceedings; Commercial information of private body; Mandatory protection of research information of third party, and protection of research information of private body; Mandatory disclosure in public interest
3-5 ACCESS TO RECORDS OF PRIVATE BODIES - THIRD PARTY NOTIFICATION AND INTERVENTION Notice to third parties; Representations and consent by third parties; Decision on representations for refusal and notice thereof
4-1 INTERNAL APPEALS AGAINST DECISIONS OF INFORMATION OFFICERS OF CERTAIN PUBLIC BODIES Right of internal appeal to relevant authority; Manner of internal appeal, and appeal fees; Notice to and representations by other interested parties; Decision on internal appeal and notice thereof
4-2 APPEALS AGAINST DECISIONS - APPLICATIONS TO COURT Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies; Procedure; Disclosure of records to, and non-disclosure by, court; Proceedings are civil; Decision on application

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