Category: Access to information

The head of a private body – 

(a) must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual; or 

(b) may refuse a request for access to a record of the body it its disclosure would be likely to prejudice or impair – 

(i) the security of – 

(aa) a building, structure or system, including, but not limited to, a computer or communication system; 

(bb) a means of transport; or 

(cc) any other property; or 

(ii) methods, systems, plans or procedures for the protection of – 

(aa) an individual in accordance with a witness protection scheme; 

(bb) the safety of the public, or any part of the public; or 

(cc) the security of property contemplated in subparagraph (i)(aa), (bb) or (cc). 

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. 

(1) Subject to subsection (2), the head of a private body may refuse a request for access to a record of the body if the record – 

(a) contains trade secrets of the private body; 

(b) contains financial, commercial, scientific or technical information, other than trade secrets, of the private body, the disclosure of which would be likely to cause harm to the commercial or financial interests of the body; 

(c) contains information, the disclosure of which could reasonably be expected – 

(i) to put the private body at a disadvantage in contractual or other negotiations; or 

(ii) to prejudice the body in commercial competition; or 

(d) is a computer program, as defined in section 1(1) of the Copyright Act, 1978 (Act No. 98 of 1978), owned by the private body, except insofar as it is required to give access to a record to which access is granted in terms of this Act. 

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about the results of any product or environmental testing or other investigation supplied by the private body or the results of any such testing or investigation carried out by or on behalf of the private body and its disclosure would reveal a serious public safety or environmental risk. 

[Section 68(2) substituted by section 43 of Act 42 of 2001]

(3) For the purposes of subsection (2), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation. 

(1) The head of a private body must refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose – 

(a) the third party; 

(b) a person that is or will be carrying out the research on behalf of the third party; or 

(c) the subject matter of the research, 

to serious disadvantage. 

(2) The head of a private body may refuse a request for access to a record of the body if the record contains information about research being or to be carried out by or on behalf of the private body, the disclosure of which would be likely to expose – 

(a) the private body; 

(b) a person that is or will be carrying out the research on behalf of the private body; or 

(c) the subject matter of the research, 

to serious disadvantage. 

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 – 

(a) the disclosure of the record would reveal evidence of – 

(i) a substantial contravention of, or failure to comply with, the law; or 

(ii) imminent and serious public safety or environmental risk; and 

(b) the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question. 

(1) The head of a private body considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), must take all reasonable steps to inform a third party to whom or which the record relates of the request. 

(2) The head must inform a third party in terms of subsection (1) – 

(a) as soon as reasonably possible, but in any event within 21 days after that request is received; and 

(b) by the fastest means reasonably possible. 

(3) When informing a third party in terms of subsection (1), the head must – 

(a) state that he or she is considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), as the case may be, and describe the content of the record; 

(b) furnish the name of the requester; 

(c) describe the provisions of section 63(1), 64(1), 65 or 69(1), as the case may be; 

(d) in any case where the head believes that the provisions of section 70 might apply, describe those provisions, specify which of the circumstances referred to in section 70(a) in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 70 might apply; and 

(e) state that the third party may, within 21 days after the third party is informed – 

(i) make written or oral representations to the head why the request for access should be refused; or 

(ii) give written consent for the disclosure of the record to the requester. 

(4) If a third party is informed orally of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party. 

(1) A third party that is informed in terms of section 71(1) of a request for access, may, within 21 days after being so informed – 

(a) make written or oral representations to the head concerned why the request should be refused; or 

(b) give written consent for the disclosure of the record to the requester concerned. 

(2) A third party that obtains knowledge about a request for access other than in terms of section 71(1) may – 

(a) make written or oral representations to the head concerned why the request should be refused; or 

(b) give written consent for the disclosure of the record to the requester concerned. 

(1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71 – 

(a) decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access;

(b) notify the third party so informed and a third party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision; and 

(c) notify the requester of the decision and, if the requester stated, as contemplated in section 53(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible, and if the request is – 

(i) granted, notify the requester in accordance with section 56(2); or 

(ii) refused, notify the requester in accordance with section 56(3). 

[Section 73(1) substituted by section 44 of Act 42 of 2001]

(2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 72 why the request should be refused. 

(3) If the request is granted, the notice in terms of subsection (1)(b) must state – 

(a) adequate reasons for granting the request, including the provisions of this Act relied upon to justify the granting; 

(b) that the third party may lodge a complaint to the Information Regulator or an application with a court against the decision of the head within 30 days after notice is given, and the procedure for lodging the complaint to the Information Regulator or the application; and 

[Section 73(3)(b) substituted by section 110 (Schedule) of Act 4 of 2013] 

(c) that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless a complaint to the Information Regulator or an application with a court is lodged within that period. 

[Section 73(3)(c) substituted by section 110 (Schedule) of Act 4 of 2013] 

(4) If the head of the private body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless a complaint to the Information Regulator or an application with a court is lodged against the decision within that period. 

[Section 73(4) substituted by section 110 (Schedule) of Act 4 of 2013]

 

(1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of “public body” in section 1 – 

(a) to refuse a request for access; or 

(b) taken in terms of section 22, 26(1) or 29(3), 

in relation to that requester with the relevant authority. 

(2) A third party may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of “public body” in section 1 to grant a request for access. 

(1) An internal appeal – 

(a) must be lodged in the prescribed form – 

(i) within 60 days; 

(ii) if notice to a third party is required by section 49(1)(b), within 30 days after notice is given to the appellant of the decision appealed against or, if notice to the appellant is not required, after the decision was taken; 

(b) must be delivered or sent to the information officer of the public body concerned at his or her address, fax number or electronic mail address; 

(c) must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known to the appellant; 

(d) if, in addition to a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed; 

(e) if applicable, must be accompanied by the prescribed appeal fee referred to in subsection (3); and 

(f) must specify a postal address or fax number. 

(2) 

(a) If an internal appeal is lodged after the expiry of the period referred to in subsection (1)(a), the relevant authority must, upon good cause shown, allow the late lodging of the internal appeal. 

(b) If that relevant authority disallows the late lodging of the internal appeal, he or she must give notice of that decision to the person that lodged the internal appeal. 

(3) 

(a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any). 

(b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision on the internal appeal may be deferred until the fee is paid. 

(4) As soon as reasonably possible, but in any event within 10 working days after receipt of an internal appeal in accordance with subsection (1), the information officer of the public body concerned must submit to the relevant authority – 

(a) the internal appeal together with his or her reasons for the decision concerned; and 

(b) if the internal appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party that must be notified in terms of section 47(1) of the request.