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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 2 : Access to Records of Public Bodies

Chapter 2 : Publication and Availability of Certain Records

14. Manual on functions of, and index of records held by, public body

 

 

1) The information officer of a public body must in at least three official languages make available, as referred to in subsection (3), a manual containing—
a) in general—
i) a description of its structure and functions;
ii) the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body and of every deputy information officer of the body appointed in terms of section 17(1);
iii) a description all remedies available in respect of an act or a failure to act by the body; and
iv) such other information as may be prescribed;
b) insofar as this Act is concerned—
i) a description of the guide referred to in section 10, if available, and how to obtain access to it;
ii) sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;
iii) the latest notice, in terms of section 15(2), if any, regarding the categories of records of the body which are available without a person having to request access in terms of this Act;
iv) a description of the services available to members of the public from the body and how to gain access to those services; and
v) a description of any arrangement or provision for a person (other than a public body referred to in paragraph (a) or (b)(i) of the definition of "public body" in section 1) by consultation, making representations or otherwise, to participate in or influence—
aa) the formulation of policy; or
bb) the exercise of powers or performance of duties, by the body;
c) insofar as the Protection of Personal Information Act, 2013, is concerned—
i) the purpose of the processing;
ii) a description of the categories of data subjects and of the information or categories of information relating thereto;
iii) the recipients or categories of recipients to whom the personal information may be supplied;
iv) planned transborder flows of personal information; and
v) a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.

[Sub-section 1 amended by section 110 of Act No. 4 of 2013]

 

2) A public body must, if necessary, update and publish its manual referred to in subsection (1) at intervals of not more than one year.

 

3) The manual referred to in subsection (1), or the or the updated version thereof as referred to in subsection (2) must be made available—

(a)        on the web site, if any, of the public body;

(b)        at the head office of the public body for public inspection during normal business hours;

(c)        to any person upon request and upon the payment of a reasonable amount; and

(d)        to the Information Regulator upon request.

[Sub-section 3 amended by section 110 of Act No. 4 of 2013]

 

4)
a) If the functions of two or more public bodies are closely connected, the Minister may on request or of his or her own accord determine that the two or more bodies compile one manual only.
b) The public bodies in question must share the cost of the compilation and making available of such manual as the Minister determines.

 

5) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord by notice in the Gazette, exempt any public body or category of public bodies from any provision of this section for such period as the Minister thinks fit.