Acts Online
GT Shield

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

Notice 1813 of 2000 - Implementation of the Promotion of Access to Information Act

 

 

Department of Justice

 

Invitation to make submissions for purposes of the implementation of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

 

1) The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the Act), gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. The Act in Government Gazette No. 20852 dated 3 February 2000, available at the Government Printer, will come into operation on a date which will be made known at a later stage.

 

2) The implementation of the Act will have far reaching implications for every public and private body (as defined in section 1 of the Act) which should take notice of the following:

 

The bodies will have the responsibility to ensure that mechanisms are in place so that effect can be given to the provisions of the Act.
Information officers of public bodies and heads of private bodies (as defined in section 1 of the Act) will have numerous functions to perform in terms of the Act.
In terms of sections 14(1) and 51(1) information officers of public bodies and heads of private bodies must compile within six months after the commencement of these sections manuals to facilitate a request for access to a record.
In terms of sections 15(1) and 52(1) of the Act information officers of public bodies must and heads of private bodies may, on a periodic basis, submit to the Minister for Justice and Constitutional Development (hereinafter referred to as "the Minister") a description of the categories of records that are automatically available without a person having to request access in terms of the Act and how to obtain access to such records.
In order to assist information officers to perform their functions under the Act, deputy information officers may be designated in terms of section 17 of the Act.
In respect of a public body, the relevant authority (as defined in section 1 of the Act) may delegate his or her function to a designated person.

 

3) In terms of the Act the Minister may make certain determinations and grant certain exemptions. Any suggestion  or requests supported by proper motivation in respect of determinations and/or exemptions in terms of the following sections will be appreciated:

 

For the purposes of section 13 of the Act, the Minister may—
a) determine that a public body is to be regarded as part of another public body;
b) determine that a category of public bodies is to regarded as one public body with such information officer as the Minister designates; and
c) if there is doubt as to whether a body is a separate public body or forms part of a public body, determine that the body—
i) is a separate public body; or
ii) forms part of a public body.
In terms of section 14(4)(a) the Minister may determine that two or more bodies which are closely connected may compile only one manual envisaged in that section.
Section 14(5) provides that the Minister may, for security, administrative or financial reasons, exempt any public body or category of public bodies from any provision of that section for such period as the Minister deems fit.
The Minister may in terms of section 51(4) of the Act for security, administrative or financial reasons, exempt any private body or category of private bodies from the obligation to compile and update the manual contemplated in that section.
In terms of sections 22(8) and 54(8) of the Act the Minister may in respect of public bodies and private bodies, respectively, by notice in the Gazette
a) exempt any person or category of persons from paying any fee referred to in those sections;
b) determine that any fee referred to in those sections is not to exceed a certain maximum amount;
c) determine the manner in which any fee referred to in those sections is to be calculated;
d) determine that any fee referred to in those sections does not apply to a category of records;
e) exempt any person or record or category of persons or records for a stipulated period from any fee referred to in sections 22(6) and 54(6); and
f) determine that where the cost of collecting any fee referred to in those sections exceeds the amount charged, such fee does not apply.

 

4) In terms of section 93, the Act takes effect on a date determined by the President by Proclamation in the Gazette and different dates may be determined in respect of different provisions of the Act, different categories of public bodies and different categories of private bodies.You are invited to submit any motivated requests in terms of this section.

 

Please submit your requests or suggestions on or before 15 June 2000 to:

 

The Director: Secondary Legislation

Department of Justice

Private Bag X81

Pretoria

0001

 

or

 

Room 403

Saambou Building

Church Square

Pretoria

 

or

 

Fax to (012) 328-5567.