APPLICATION FOR
ACCESS (PAIA)
Right of access to
records of public body
(s11) of PAIA
Provision of
Information
Discrectionary Access
(which may be
refused in terms of
chapter 4
Review
Mandatory
protection (which
must be refused in
terms of Chap 4
subject to S46)
DENIAL OF ACCESS
(PAIA)
DECLASSIFY
Either cont classify
Appeal to Court
Internal Appeal to
relevant Minister
clause 26 of PIB in
terms of PAIA available
only to Public Bodies
s74(1)
Mandatory disclosure in public interest
Section 46
• Mandatory disclosure in public interest
• Section 46. Despite any other provision of this Chapter, the
information officer of a public body must grant a request for access
to a record of the body contemplated in section 34(1). 36(l), 37(l)(a)
or (b), 38(a) or (b), 39(l)(a) or (b), 40, 41(l)(a) or (b), 42(1) or
(3). 43( 1) or (2), 44(1) or (2) or 45, if—
• (a) the disclosure of the record would reveal evidence of—
(i) a substantial contravention of, or failure to comply with. the law;
or 35
(ii) an 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.
Mandatory disclosure in the
public interest
Despite the above listed grounds of refusal, the
information officer of a public body must grant a
request for access to a record of a public body if, the
disclosure thereof would reveal evidence of:
• A substantial contravention of, or failure to comply
with, the law; or an imminent and serious public
safety or environmental risk; and the public interest
in the disclosure of the record, outweighs the harm
contemplated under the grounds for refusal.
Public interest override
• Section 46 provides a limited public interest
override (of the mandatory protection of
information) in that the information officer is
obliged to grant a request for access to a
record only in the instances listed in the
section.
• It is important to note that this is not a
blanket or wide-ranging public interest
override.
discretionary disclosure
• 33. (1) The information officer of a public
body—
• (b) may refuse a request for access to a record
contemplated in section 37(1)(b),38(b),
39( l)(b), 41(l)(a) or (b), 42(1) or (3), 43(2),
44(1) or (2) or 45,
• unless the provisions of section 46 apply.
Grounds for Refusal to a request for
access to information from a public
body
• The information contained in this section is a
summary of the grounds upon which a public
body is entitled to raise, as a ground for the
refusal of access to its records. The information is
intended to provide a person with clarity as to
the reasons why a request may be refused by the
public body. The list is a summary of the grounds
contained in Part 2, Chapter 4 of PAIA, and is by
no means exhaustive or complete.
MANDATORY PROTECTION (PAIA)
• 33. (1) The information officer of a public
body—
• (a) must refuse a request for access to a record
contemplated in section 34(1).
• 35( 1), 36( 1), 37(l)(a), 38(a), 39(1)(u), 40 or
43( l);
MANDATORY PROTECTION
CONTINUED
•
•
•
•
•
•
•
•
•
Mandatory protection of privacy of third party who is natural person
Mandatory protection of certain records of South African Revenue Service
Mandatory protection of commercial information of third party
Mandatory protection of certain confidential information, and protection
of certain other confidential information, of third party
Mandatory protection of safety of individuals, and protection of property
Mandatory protection of police dockets in bail proceedings, and
protection of
law enforcement and legal proceedings
Mandatory protection of records privileged from production in legal
proceedings
Mandatory protection of research information of third party, and
protection of research information of public body
APPEAL (PAIA)
•
•
•
•
•
•
•
•
•
•
•
•
•
PART 4 APPEALS AGAINST DECISIONS
CHAPTER 1
INTERNAL APPEALS AGAINST DECISIONS OF INFORMATION OFFICERS OF CERTAIN PUBLIC BODIES
Right of internal appeal to relevant authority
74. (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 20
section l—
(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 25
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
CHAPTER 2
APPLICATIONS TO COURT
PROMOTION OF ACCESS TO INFORMATION ACT, 2000
• Applications regarding decisions of information officers
or relevant authorities of public bodies or heads of
private bodies
• 78. (1) A requester or third party referred to in section
74 may only apply to a court for appropriate relief in
terms of section 82 after that requester or third party
has exhausted the internal appeal procedure against a
decision of the information officer of a public body
provided for in section 74.
CHAPTER 2
APPLICATIONS TO COURT CONTINUED
Protection of State information before courts
• 46. (1) Classified information that is placed before
a court may not be disclosed to persons not
authorised to receive such information unless a
court, in the interests of justice, and upon
considering issues of national security, national
interest of the Republic as referred to in section
11 and any other law, orders full or limited
disclosure, with or without conditions.
PROTECTION OF
INFORMATION BILL
• Status review procedure
• 24. (1) A request for a review of the classified status of
information must describe the document or materials
containing the information or describe the category or
subject matter of information with sufficient clarity to
enable the head of an organ of state to locate it with ease.
• (2) The head of an organ of state receiving a request in the
prescribed manner for a review of the status of classified
information must make a determination and in the case of
a refusal provide reasons within 90 days of the date of
receipt of such request.
PROTECTION OF
INFORMATION BILL CONTINUED
Appeal procedure
25. (1) If the head of an organ of state denies a request for declassification
or the lifting of the status of information to a member of the public or a
non-governmental organisation or entity, such person or body may appeal
such decision to the Minister of the organ of state in question.
(2) Any appeal referred to in subsection (1) must be lodged within 30 days
of receipt of the decision and reasons therefor.
(3) Upon receipt of an appeal, the Minister of an organ of state must make
a finding and in the case of refusal provide reasons within 90 days of the
date of receipt of such request.
PROTECTION OF
INFORMATION BILL
Request for classified information in terms of Promotion of Access to
Information
Act
28. (1) A request for access to a classified record that is made in terms of the
Promotion of Access to Information Act must be dealt with in terms of that
Act.
•
(2) A head of an organ of state considering a request for a record which
contains classified information must consider the classification and may
declassify such information.
•
(3) If the head of an organ of state decides to grant access to the requested
record, he or she must declassify the classified information before releasing
the information.
•
(4) If the refusal to grant access to a classified record is taken on appeal in
terms of the Promotion of Access to Information Act, the relevant appeal
authority must consider the classification and may declassify such information.