Freedom of the Mass Media and Access to Information Proclamation No ...
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of a consultation, discussion or deliberation; or
c)
the disclosure of the record could, by premature disclosure of a policy or contemplated policy, reasonably be
expected to frustrate the success of that policy.
2)
The public relation officer may refuse a request for access to a record of the body if;
a)
the disclosure of the record could reasonably be expected to jeopardize the effectiveness of a monitoring, auditing
examining or testing, procedures or methods used by a public body;
b)
the record contains evaluative material, whether or not the person who supplied it is identified in the record, and
the disclosure of the material would breach an express or implied promise which was made to the person who supplied
the material and to the effect that the material or the identity of the person who supplied it, or both, would be held in
confidence; or
c)
the record contains a notes, preliminary, working or any other draft of an official of a public body.
3)
A record may not be refused in terms of sub-article (1) and (2) in so far as it consists of an account of, or a
statement of reasons required to be given in court proceedings.
27. Requests that are too broad, likely to divert resources or pertaining to informations to be published in the
future
Notwithstanding the provisions of Article 12 of this Proclamation, the public relations officer may reject the request to
obtain information where:
1)
the request is too general or is of such a nature that the information required to be retrieved or processed would
involve disproportionate diversion of human and material resources or would adversely interferes with the functioning of
such authority;
2)
the request is insufficiently precise to enable the information sought to be identified, and the requester has failed
to reframe his request even though the public relations officer has provided him with assistance to this end
3)
the request relates to Information that is required by law, regulation, directives or order to be published at a
particular time and such information is likely to be published within 30 days of the receipt of such request; or
4)
the request relates to information contained in published material generally available for the public .
28. public interst override
Notwithstanding the exceptions in article 15-25 of this proclamation a public body may not refuse a request for
information unless the harm to the protected interest which would be caused by disclosure outweighs the public interest
in disclosure.
29. Severability
When a request for access is made to a record of a public body containing information which may or shall be refused in
terms of any provision of this proclamation, disclosure of that part of the record which does not contain exempted
information may be allowed if it can reasonably be severed from any part that contains such information.
30. Language of access
A requester whose request for access to a record of a public body has been granted may
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10/01/2011 4:15 PM