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GOVERNMENT GAZE~E. 3 FEBRUARY 20M
No. 20S52
Act No. 2,2000
PRON1OTION OF ACCESS TO INFORhfATION ACT, 2000
(English text signed by the President.)
(Assejlted to 2 Februaq 2000.)
ACT
To give 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; and to provide for matters connected
theretith.
PREAMBLE
RECOGNIZING THAT—
* the system of government in South Africa before 27 April 1994, amongst
others, resuhed in a secretive and unresponsive culture in public and private
bodies which often led to an abuse of power and human rights violations;
* section 8 of the Constitution provides for the horizontal application of the
rights in the Bill of Rights to juristic persons to the extent required by the
nature of the rights and the nature of those juristic persons;
* section 32(1)(a) of the Constitution provides that everyone has the right of
access to any information held by the State;
* section 32(1)(h) of the Constitution provides for the horizontal application of
the right of access to information held by another person to everyone when
that information is requked for the exercise or protection of any rights;
* and national legislation must be enacted to give effect to this right in section
32 of the Constitution:
AND BEARING IN MIND THAT—
* the State must respect, protect, promote and fulfil, at least, all the rights in the
Bill of Rights which is the cornerstone of democracy in South Africa;
* the right of access to any information held by a public or private body may be
limited to the extent that the limitations are reasonable and justifiable in an
open and democratic society based on human dignity, equality and freedom as
contemplated in section 36 of the Constitution;
* reasonable legislative measures may, in terms of section 32(2) of the
Constitution, be provided to alleviate the administrative and financial burden
on the State in giving effect to its obligation to promote and fulfil the right of
access to information;
AND IN ORDER TO—
* foster a culture of transparency and accountability in public and private bodies
by giving effect to the right of access to information;
* actively promote a society in which the people of South Africa have effective
access to information to enable them to more fully exercise and protect all of
their rights,
B
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,
as follows:—