Section 90 | Offences

  1. A person who with intent to deny a right of access in terms of this Act –
    1. destroys, damages or alters a record;
    2. conceals a record; or
    3. falsifies a record or makes a false record,
      commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
  2. An information officer who wilfully or in a grossly negligent manner fails to comply with the provisions of section 14 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
  3. A head of a private body who wilfully or in a grossly negligent manner fails to comply with the provisions of section 51 commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.

[Section 90 substituted by section 24 of Act 55 of 2003]

Section 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 –

a) by the substitution in paragraph (c) of subsection (4) for the expression “authority” of the expression “authority; and”; and

b) by the addition to subsection (4) of the following paragraph:

“(d) on his or her own initiative, on receipt of a complaint or on request relating to the operation or administration of the Promotion of Access to Information Act, 2000, endeavour, in his or her sole discretion, to resolve any dispute by –

i) mediation, conciliation or negotiation;

ii) advising, where necessary, any complainant regarding appropriate remedies; or

iii) any other means that may be expedient in the circumstances.”.

Section 91A | Designation and training of presiding officers

    1. The head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), or the magistrate at the head of a regional division established for the purposes of adjudicating civil disputes in terms of section 2 of the Magistrates’ Courts Act, 1944, must designate in writing any magistrate, additional magistrate or magistrate of a regional division established for the purposes of adjudicating civil disputes, as the case may be, as a presiding officer of a Magistrate’s Court designated by the Minister in terms of section 1 of this Act.
      [Section 91A(1)(a) substituted by section 28(a) of Act 8 of 2017]
    2. A presiding officer must perform all the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.
  1. ……….
    [Section 91A(2) deleted by section 28(b) of Act 8 of 2017]
  2. The heads of administrative regions or magistrates at the head of regional divisions established for the purposes of adjudicating civil disputes must take all reasonable steps within available resources to designate at least one presiding officer for each magistrate’s court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1.
    [Section 91A(3) substituted by section 28(c) of Act 8 of 2017]
  3. ………
    [Section 91A(4) deleted by section 28(d) of Act 8 of 2017]
  4. The South African Judicial Education Institute established in terms of section 3 of the South African Judicial Education Institute Act, 2008 (Act No. 14 of 2008), must develop and implement training courses for presiding officers with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
  5. ……….
  6. ……….
  7. The provisions of section 12(6) and (8) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), are applicable with the necessary changes required by the context.
    [Section 91A(8) substituted by section 28(e) of Act 8 of 2017]
    [Section 91A inserted by section 2 of Act 54 of 2002]
    [Section 91A substituted by section 7 of Act 24 of 2015]

Section 92 | Regulations

  1. The Minister may, by notice in the Gazette, make regulations regarding –
    1. any matter which is required or permitted by this Act to be prescribed;
    2. any matter relating to the fees contemplated in sections 22 and 54;
    3. any notice required by this Act;
    4. uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
    5. any administrative or procedural matter necessary to give effect to the provisions of this Act.
  2. Any regulation in terms of subsection (1) must, before publication in the Gazette, be submitted to Parliament.
  3. Any regulation in terms of subsection (1) which –
    1. relates to fees; or
    2. may result in financial expenditure for the State,
      must be made by the Minister acting in consultation with the Minister of Finance.
  4. Any regulation in terms of subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.

Section 93 | Short title and commencement

  1. This Act is the Promotion of Access to Information Act, 2000, and takes effect on a date determined by the President by proclamation in the Gazette.
  2. Different dates may be so determined in respect of –
    1. different provisions of this Act;
    2. different categories of public bodies, including, but not limited to, different public bodies contemplated in –
      1. paragraph (a);
      2. paragraph (b)(i); and
      3. paragraph (b)(ii), of the definition of “public body” in section 1; and
      4. different categories of private bodies.