GOWRNM~ GUE~, 3 FEBRUARY 2000
PROMO~ON OF ACCESS TO ~ORMATtON ACT. 2000
No.
20852 23
Act No. 2,2000
(2) A record may not be refused in terms of subsection (1) insofar as it consists of
information—
(a) already publicly available; or
(b) about the third party concerned that has consented in terms of section 48 or
otherwise in writing to its disclosure to the reqwester concerned.
5
Nlandatory protection of safety of individuals, and protection of property
38. The information officer of a public body—
({~) must refuse a request for access to a record of the body if its disclosure could
reasonably be expected to endanger the life or physical safety of an individual:
or
10
(b) may refuse a request for access to a record of the body if its disclosure would
be likely to prejudice or impair—
(i) the security of—
(au) a building, structure or system, including, but not limited to. a
computer or communication system:
15
(bbj a means of tl ansport; or
(cc) any other property; or
(ii) methods, systems, plans or procedures for the protection of—
(au) an individual in accordance with a witness protection scheme;
(bb) the safety of the public, or any part of the public; or
20
(cc) the security of property contemplated in subparagraph (i)(aa). (bb)
or (cc).
Mandatory protection of police dockets in bail proceedings, and protection of law
enforcement and legal proceedings
39. (1) The information oficer of a public body—
(u) must refuse a request for access to a record of the body if access to that record
is prohibited in terms of section 60( 14) of the Criminal Procedure Act, 1977
(Act No. 51 of 1977); or
(b) may refuse a request for access to a record of the body if—
(i) the record contains methods, techniques, procedures or guidelines for—
(aa) the prevention, detection, curtailment or investigation of a contravention or possible contravention of the law: or
(bb) the prosecution of alleged offenders.
and the disclosure of those methods, techniques, procedures or guidelines could reasonably be expected to prejudice the effectiveness of those
methods, techniques, procedures or guidelines or lead to the circumvention of the law or facilitate the commission of an ofience;
(ii) the prosecution of an alleged offender is being prepared or about to
commence or pending and the disclosure of the record could reasonably
be expected—
(aa) to impede that prosecution: or
(bb) to result in a miscarriage of justice in that prosecution; or
(iii) the disclosure of the record could reasonably be expected—
(aa) to prejudice the investigation of a contravention or possible
contravention of the law which is about to commence or is in
progress or, if it has been juspended or terminated, is likely to be
resumed;
(bb) to reveal, or enable a person to ascertain, the identity of a
confidential source of information in relation to the enforcement or
administration of the law;
(cc) to result in the intimidation or coercion of a witness. or a person
who might be or has been called as a witness, in criminal
proceedings or other proceedings to enforce the law;
(old) to facilitate the commission of a contravention of the law, including,
but not limited to, subject to subsection (2), escape from lawful
detention; or
(ee) to prejudice or impair the fairness of a trial or the impartiality of an
adjudication,
(2) A record may not be refused in terms of subsection (1 )(b)(iii)(dd) insofar as it
consists of information about the general conditions of detention of persons in custody.
25
30
35
40
4j
50
55
60