This is the version of this Act as it was from 3 February 2003 to 30 March 2005. Read the latest available version.
Collections
Related documents
South Africa
Promotion of Access to Information Act, 2000
Act 2 of 2000
- Published in Government Gazette 20852 on 3 February 2000
- Assented to on 2 February 2000
- There are multiple commencements
- [This is the version of this document as it was from 3 February 2003 to 30 March 2005.]
Provisions | Status |
---|---|
Part 1, Chapter 1 (section 1–2); Chapter 2 (section 3–8); Chapter 3, section 9; Part 2, Chapter 1 (section 11–13); Chapter 2, section 15; Chapter 3 (section 17–32); Chapter 4 (section 33–46); Chapter 5 (section 47–49); Part 3, Chapter 1 (section 50); Chapter 2, section 52; Chapter 3 (section 53–61); Chapter 4 (section 62–70); Chapter 5 (section 71–73); Part 4 (section 74–82); Part 5 (section 83–85); Part 6 (section 86–88); Part 7 (section 89–93) | commenced on 9 March 2001 by Proclamation R20 of 2001. |
Part 2, Chapter 3, section 32(f); Chapter 5, section 49(1)(c); Part 3, Chapter 5, section 73(1)(c) | commenced on 7 December 2001. |
Part 1, Chapter 3, section 10; Part 2, Chapter 2, section 14, section 16; Part 3, Chapter 2, section 51 | commenced on 15 February 2002 by Proclamation R9 of 2002. |
Part 7, section 91A | commenced on 15 January 2003. |
- [Amended by Judicial Matters Amendment Act, 2001 (Act 42 of 2001) on 7 December 2001]
- [Amended by Promotion of Access to Information Amendment Act, 2002 (Act 54 of 2002) on 15 January 2003]
- [Amended by Financial Intelligence Centre Act, 2001 (Act 38 of 2001) on 3 February 2003]
Part 1 – Introductory provisions
Chapter 1
Definitions and interpretation
1. Definitions
In this Act, unless the context otherwise indicates—“access fee” means a fee prescribed for the purposes of section 22(6) or 54(6), as the case may be;“application” means an application to a court in terms of section 78;“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);“court” means—(a)the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or(b)(i)a High Court or another court of similar status; or(ii)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 terms of section 91A,within whose area of jurisdiction—(aa)the decision of the information officer or relevant authority of a public body or the head of 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;[definition of "court" substituted by section 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 or 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” means the South African Human Rights Commission referred to in section 181(1)(b) of the Constitution;“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(d)if—(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 No. 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;[subparagraph (ii) substituted by section 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 No. 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;“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 about an identifiable individual, 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, well-being, disability, religion, conscience, belief, culture, language and birth of the individual;(b)information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;(c)any identifying number, symbol or other particular assigned to the individual;(d)the address, fingerprints or blood type of the individual;(e)the personal opinions, views or preferences of the individual, except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual;(f)correspondence sent by the individual 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 individual;(h)the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual, but excluding the name of the other individual where it appears with the views or opinions of the other individual; and(i)the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,but excludes information about an individual who has been dead for more than 20 years;“personal requester” means a requester seeking access to a record containing personal information about the requester;“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 of 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 the 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 of 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)aggression 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 No. 36 of 1994).2. Interpretation of Act
Chapter 2
General application provisions
3. Act applies to record whenever it came into existence
This Act applies to—4. Records held by official or independent contractor of public or private body
For the purposes of this Act, but subject to section 12, a record in the possession or under the control of—5. Application of other legislation prohibiting or restricting disclosure
This Act applies to the exclusion of any provision of other legislation that—6. Application of other legislation providing for access
Nothing in this Act prevents the giving of access to—7. Act not applying to records requested for criminal or civil proceedings after commencement of proceedings
[heading substituted by section 23 of Act 42 of 2001]8. Part applicable when performing functions as public or private body
Chapter 3
General introductory provisions
9. Objects of Act
The objects of this Act are—10. Guide on how to use Act
Part 2 – Access to records of public bodies
Chapter 1
Right of access, and specific application provisions
11. Right of access to records of public bodies
12. Act not applying to certain public bodies or officials thereof
This Act does not apply to a record—13. Body determined to be part of another public body
For the purposes 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—Chapter 2
Publication and availability of certain records
14. Manual on functions of, and index of records held by, public body
15. Voluntary disclosure and automatic availability of certain records
16. Information in telephone directory
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.Chapter 3
Manner of access
17. Designation of deputy information officers, and delegation
18. Form of requests
19. Duty to assist requesters
20. Transfer of requests
21. Preservation of records until final decision on request
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—22. Fees
23. Records that cannot be found or do not exist
24. Deferral of access
25. Decision on request and notice thereof
26. Extension of period to deal with request
27. Deemed refusal of request
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.28. Severability
29. Access and forms of access
30. Access to health or other records
31. Language of access
A requester whose request for access to a record of a public body has been granted must, if the record—32. Reports to Human Rights Commission
The information officer of each public body must annually submit to the Human Rights Commission a report stating in relation to the public body—Chapter 4
Grounds for refusal of access to records
33. Interpretation
34. Mandatory protection of privacy of third party who is natural person
35. Mandatory protection of certain records of South African Revenue Service
36. Mandatory protection of commercial information of third party
37. Mandatory protection of certain confidential information, and protection of certain other confidential information, of third party
38. Mandatory protection of safety of individuals, and protection of property
The information officer of a public body—39. Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings
40. Mandatory protection of records privileged from production in legal proceedings
The information officer of a public body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.41. Defence, security and international relations of Republic
42. Economic interests and financial welfare of Republic and commercial activities of public bodies
43. Mandatory protection of research information of third party, and protection of research information of public body
44. Operations of public bodies
45. Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources
The information officer of a public body may refuse a request for access to a record of the body if—46. Mandatory disclosure in public interest
Despite any other provision of this Chapter, the information officer of a public body must grant a request for access to a record of the body contemplated in section 34(1), 36(1) 37(1)(a) or (b), 38(a) or (b), 39(1)(a) or (b), 40, 41(1)(a) or (b), 42(1) or (3), 43( 1) or (2), 44(1) or (2) or 45, if—Chapter 5
Third party notification and intervention
47. Notice to third parties
48. Representations and consent by third parties
49. Decision on representations for refusal and notice thereof
Part 3 – Access to records of private bodies
Chapter 1
Right of access
50. Right of access to records of private bodies
Chapter 2
Publication and availability of certain records
51. Manual
52. Voluntary disclosure and automatic availability of certain records
Chapter 3
Manner of access
53. Form of request
54. Fees
55. Records that cannot be found or do not exist
56. Decision on request and notice thereof
57. Extension of period to deal with request
58. Deemed refusal of request
If the head of a private body fails to give the decision on a request for access to the requester concerned within the period contemplated in section 56(1), the head of the private body is, for the purposes of this Act, regarded as having refused the request.59. Severability
60. Form of access
If access is granted to a record of a private body, the head of that body must, as soon as reasonably possible after notification in terms of section 56, but subject to section 57, give access in—61. Access to health or other records
Chapter 4
Grounds for refusal of access to records
62. Interpretation
A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, must not be construed as—63. Mandatory protection of privacy of third party who is natural person
64. Mandatory protection of commercial information of third party
65. Mandatory protection of certain confidential information of third party
The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.66. Mandatory protection of safety of individuals, and protection of property
The head of a private body—67. Mandatory protection of records privileged from production in legal proceedings
The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.68. Commercial information of private body
69. Mandatory protection of research information of third party, and protection of research information of private body
70. Mandatory disclosure in public interest
Despite any other provision of this Chapter, the head of a private body must grant a request for access to a record of the body contemplated in section 63(1), 64(1), 65, 66(a) or (b), 67, 68(1) or 69(1) or (2) if—Chapter 5
Third party notification and intervention
71. Notice to third parties
72. Representations and consent by third parties
73. Decision on representations for refusal and notice thereof
Part 4 – Appeals against decisions
Chapter 1
Internal appeals against decisions of information officers of certain public bodies
74. Right of internal appeal to relevant authority
75. Manner of internal appeal, and appeal fees
76. Notice to and representations by other interested persons
77. Decision on internal appeal and notice thereof
Chapter 2
Applications to court
78. Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies
79. Procedure
80. Disclosure of records to, and non-disclosure by, court
81. Proceedings are civil
82. Decision on application
The court hearing an application may grant any order that is just and equitable, including orders—Part 5 – Human Rights Commission
83. Additional functions of Human Rights Commission
84. Report to National Assembly by Human Rights Commission
The Human Rights Commission must include in its annual report to the National Assembly referred to in section 181(5) of the Constitution—85. Expenditure of Human Rights Commission in terms of Act
Any expenditure, in connection with the performance of the Human Rights Commission’s functions in terms of this Act must be defrayed from moneys appropriated by Parliament to that Commission for that purpose.Part 6 – Transitional provisions
86. Application of other legislation providing for access
87. Extended periods for dealing with requests during first two years
88. Correction of personal information
If no provision for the correction of personal information in a record of a public or private body exists, that public or private body must take reasonable steps to establish adequate and appropriate internal measures providing for such correction until legislation providing for such correction takes effect.Part 7 – General provisions
89. Liability
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act.90. Offences
A person who with intent to deny a right of access in terms of this Act—91. Amendment of Public Protector Act 23 of 1994
Section 6 of the Public Protector Act, 1994 (Act No. 23 of 1994), is hereby amended—91A. Designation and training of presiding officers
92. Regulations
93. Short title and commencement
History of this document
30 June 2021
01 April 2021
02 August 2017
08 January 2016
22 January 2014
17 February 2009
31 March 2005
03 February 2003 this version
Amended by
Financial Intelligence Centre Act, 2001
15 January 2003
15 February 2002
07 December 2001
09 March 2001
03 February 2000
02 February 2000
Assented to
Cited documents 16
Act 16
1. | Local Government: Municipal Structures Act, 1998 | 4465 citations |
2. | Criminal Procedure Act, 1977 | 3925 citations |
3. | Magistrates' Courts Act, 1944 | 2821 citations |
4. | National Environmental Management Act, 1998 | 2218 citations |
5. | Promotion of Administrative Justice Act, 2000 | 2108 citations |
6. | Financial Intelligence Centre Act, 2001 | 776 citations |
7. | Constitution of the Republic of South Africa, 1996 | 597 citations |
8. | Electoral Act, 1998 | 526 citations |
9. | Special Investigating Units and Special Tribunals Act, 1996 | 317 citations |
10. | Public Holidays Act, 1994 | 232 citations |
Documents citing this one 1649
Gazette 1394
Judgment 187
Act 46
1. | Companies Act, 2008 | 1949 citations |
2. | Local Government: Municipal Finance Management Act, 2003 | 1757 citations |
3. | Restitution of Land Rights Act, 1994 | 1613 citations |
4. | Births and Deaths Registration Act, 1992 | 1183 citations |
5. | Electronic Communications Act, 2005 | 938 citations |
6. | Financial Intelligence Centre Act, 2001 | 776 citations |
7. | National Credit Act, 2005 | 646 citations |
8. | Mineral and Petroleum Resources Development Act, 2002 | 638 citations |
9. | Children's Act, 2005 | 561 citations |
10. | National Health Act, 2003 | 452 citations |
By-law 8
Provincial Notice 8
Government Notice 3
1. | Administrative Review Rules, 2019 | |
2. | Regulations relating to the Promotion of Access to Information, 2021 | |
3. | Regulations relating to the Protection of Personal Information, 2018 |
General Notice 2
1. | National Greenhouse Gas Emissions Reporting Regulations, 2016 | |
2. | Standard Draft By-Law for township economies, 2024 |
Guidance Note 1
1. | Guidance note on Information Officers and Deputy Information Officers, 2021 |
Subsidiary legislation
Title
|
Date
|
||
---|---|---|---|
Regulations relating to the Promotion of Access to Information, 2021
Business, Trade and Industry
·
Human Rights
|
Government Notice R757 of 2021 | 27 August 2021 |
Business, Trade and Industry
·
Human Rights
|