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

Part 5 : Human Rights Commission

83. Additional functions of Human Rights Commission

 

(1) The Human Rights Commission must—
(a) compile and make available a guide on how to use this Act as contemplated in section 10; and
(b) submit reports to the National Assembly as contemplated in section 84.

 

(2) The Human Rights Commission must, to the extent that financial and other resources are available—
(a) develop and conduct educational programmes to advance the understanding of the public, in particular of disadvantaged communities, of this Act and of how to exercise the rights contemplated in this Act;
(b) encourage public and private bodies to participate in the development and conduct of programmes referred to in paragraph (a) and to undertake such programmes themselves; and
(c) promote timely and effective dissemination of accurate information by public bodies about their activities.

 

(3) The Human Rights Commission may—
(a) make recommendations for—
(i) the development, improvement, modernisation, reform or amendment of this Act or other legislation or common law having a bearing on access to information held by public and private bodies, respectively; and
(ii) procedures in terms of which public and private bodies make information electronically available;
(b) monitor the implementation of this Act;
(c) if reasonably possible, on request, assist any person wishing to exercise a right contemplated in this Act;
(d) recommend a public or private body that the body make such changes in the manner in which it administers this Act as the Commission considers advisable;
(e) train information officers and deputy information officers of public bodies;

[Section 83(3)(e) substituted by section 45 of Act No. 42 of 2001]

(f) consult with and receive reports from public and private bodies on the problems encountered in complying with this Act;
(g) obtain advice from, consult with, or receive and consider proposals or recommendations from, any public or private body, official of such a body or member of the public in connection with the Commission’s functions in terms of this Act;
(h) for the purposes of section 84(b)(x), request the Public Protector to submit to the Commission information with respect to—
(i) the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act;
(ii) the nature and outcome of those complaints; and
(i) generally, inquire into any matter, including any legislation, the common law and any practice and procedure, connected with the objects of this Act.

 

(4) For the purpose of the annual report referred to in section 84 and if so requested by the Human Rights Commission, the head of a private body may furnish to that Commission information about requests for access to records of the body.

 

(5) If appropriate, and if financial and other resources are available, an official of a public body must afford the Human Rights Commission reasonable assistance for the effective performance of its functions in terms of this Act.