Acts Online
GT Shield

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

Part 4 : Appeals against Decisions

Chapter 2 : Applications to Court

80. Disclosure of records to, and non-disclosure by, court

 

 

1) Despite this Act and any other law, any court hearing an application, or an appeal against a decision on that application, may examine any record of a public or private body to which this Act applies, and no such record may be withheld from the court on any grounds.

 

2) Any court contemplated in subsection (1) may not disclose to any person, including the parties to the proceedings concerned, other than the public or private body referred to in subsection (1)—
a) any record of a public or private body which, on a request for access, may or must be refused in terms of this Act; or
b) if the information officer of a public body, or the relevant authority of that body on internal appeal, in refusing to grant access to a record in terms of section 39(3) or 41(4), refuses to confirm or deny the existence or non-existence of the record, any information as to whether the record exists.

 

3) Any court contemplated in subsection (1) may—
a) receive representations ex parte;
b) conduct hearings in camera; and
c) prohibit the publication of such information in relation to the proceedings as the court determines, including information in relation to the parties to the proceedings and the contents of orders made by the court in the proceedings.