Guidance note on Information Officers and Deputy Information Officers, 2021
Items | Sections of PAIA | Nature of offence by an Information Officer | Penalty |
---|---|---|---|
4.2.1 | 90(1) | A person2 who, with intent to deny a right of access in terms of this Act,-(a)destroys, damages or alters a record;(b)conceals a record; or(c)falsifies a record or makes a false record | A fine or imprisonment for a period not exceeding two years. |
4.2.2 | 90(2) | The Information Officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 of PAIA | A fine, or imprisonment for a period not exceeding two years |
4.2.3 | 90(3) | The head of a private body who, wilfully or in a grossly negligent manner, fails to comply with the provisions of section 51 of PAIA | A fine, or imprisonment for a period not exceeding two years |
4.2.4 | 77K | Non-compliance with an Enforcement Notice | A fine or imprisonment for a period not exceeding three years or to both such a fine and such imprisonment |
Nature of the Body | Identity of Information Officer | |
---|---|---|
Public Body, Department or Organ of State3 (as defined in section 239 of the Constitution) | National Department or Provincial Government Components | Director-General or the person who is acting as such. |
Presidency or a National Government Component | Director-General or the person who is acting as such. | |
Provincial Department or a Provincial Government Component | Head of Department or the person who is acting as such. | |
Office of a Premier or a Provincial Government Component | Director-General or the person who is acting as such. | |
Municipality | Municipal Manager or the person who is acting as such. | |
Public Institutions | Chief Executive Officer or the person who is acting as such. | |
Private Body | Natural Person | A natural person who carries on any trade, business or profession, but only in such capacity or any person duly authorised by that natural person. |
Partnership | Any partner of the partnership or any person duly authorised by the partnership. | |
Juristic Person | Chief Executive Officer or the Managing Director or equivalent officer of the juristic person or any person duly authorised by that officer4 or any person who is acting as such or any person duly authorised by such acting person; |
Cited documents 3
Act 3
1. | Promotion of Access to Information Act, 2000 | 1648 citations |
2. | Constitution of the Republic of South Africa, 1996 | 597 citations |
3. | Protection of Personal Information Act, 2013 | 201 citations |