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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Promotion of Access to Information Act, No. 2 of 2000

Long title


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.

[...amended by Act 2013_004_110_20131126 Sch]

Table of contents

SECTION TITLE

PART 1. INTRODUCTORY PROVISIONS

CHAPTER 1. DEFINITIONS AND INTERPRETATION
1.  Definitions
2.  Interpretation of Act

CHAPTER 2. GENERAL APPLICATION PROVISIONS
3.  Act applies to record whenever it came into existence
4.  Records held by official or independent contractor of public or private body
5.  Application of other legislation prohibiting or restricting disclosure
6.  Application of other legislation providing for access
7.  Act not applying to records requested for criminal or civil proceedings after commencement of proceedings [...Title amended by Act 2001_042_023_20011207 - was entitled "Act not applying to records required..."]
8.  Part applicable when performing functions as public or private body

CHAPTER 3. GENERAL INTRODUCTORY PROVISIONS
9.  Objects of Act
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
13.  Body determined to be part of another public body

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

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
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
28.  Severability
29. Access and forms of access
30. Access to health or other records
31. Language of access
32. Reports to Information Regulator [...Title amended by Act 2013_004_110_20131126 Sch - was entitled "Reports to Human Rights Commission"]

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
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
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
46. Mandatory disclosure in public interest

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
59. Severability
60. Form of access
61. Access to health or other records

CHAPTER 4. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
62. Interpretation
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
66. Mandatory protection of safety of individuals, and protection of property
67. Mandatory protection of records privileged from production in legal proceedings
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

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 parties
77. Decision on internal appeal and notice thereof
CHAPTER 1A. COMPLAINTS TO REGULATORS
77A. Complaints [...inserted by Act 2013_004_000_20131126 Sch]
77B. Modes of complaints to Regulator [...inserted by Act 2013_004_000_20131126 Sch]
77C. Action on receipt of complaint [...inserted by Act 2013_004_000_20131126 Sch]
77D. Regulator may decide to take no action on complaint [...inserted by Act 2013_004_000_20131126 Sch]
77E. Pre-investigation proceedings of Regulator [...inserted by Act 2013_004_000_20131126 Sch]
77F. Settlement of complaints [...inserted by Act 2013_004_000_20131126 Sch]
77G. Investigation proceedings of Regulator [...inserted by Act 2013_004_000_20131126 Sch]
77H. Assessment [...inserted by Act 2013_004_000_20131126 Sch]
77I. Information Notice [...inserted by Act 2013_004_000_20131126 Sch]
77J. Enforcement Notice [...inserted by Act 2013_004_000_20131126 Sch]
77K. Non-compliance with Enforcement Notice [...inserted by Act 2013_004_000_20131126 Sch]

CHAPTER 2. APPLICATIONS TO COURT
78. Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator [...Title amended by Act 2013_004_110_20131126 Sch - was entitled '"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

PART 5. INFORMATION REGULATOR [...Title amended by Act 2013_004_000_21031126 Sch - was entitled "HUMAN RIGHTS COMMISSION"]
83. Additional functions of Information Regulator [...Title amended by Act 2013_004_110_20131126 Sch - was entitled "Additional functions of  Human Rights Commission"]
84. Report to National Assembly by Information Regulator [...Title amended by Act 2013_004_110_20131126 Sch - was entitled "Additional functions of  Human Rights Commission"]
85. Expenditure of Information Regulator in terms of Act [...Title amended by Act 2013_004_110_20131126 Sch - was entitled "Expenditure of  Human Rights Commission in terms of Act"]

PART 6. TRANSITIONAL ARRANGEMENTS
86. Application of other legislation providing for access
87. Extended periods for dealing with requests during first two years
88. ... [..repealed by Act 2013_004_000 Sch - was entitled "Correction of personal information"]

PART 7. GENERAL PROVISIONS
89. Liability
90. Offences
91. Amendment of Public Protector Act 23 of 1994
91A. Designation and training of presiding officers [...inserted by Act 2002_054_002_20030115]
92. Regulations
93. Short title and commencement
Sch. SCHEDULE

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