GOVERNMENT GW~, 3 FEBRUARY 2000
PROMOTtON OF ACCESS TO NORMATtON ACT, 20~
No.
20852
25
Act No. 2,2000
(e) on methods of, and scientific or technical equipment for, collecting, assessing
or handling information referred to in paragraph (d);
(fl on the identity of a confidential source and any other source of information
referred to in paragraph (d);
(g) on the positions adopted or to be adopted by the Republic, ano[her state or an
international organisation for the purpose of present or future international
negotiations: or
(h) that constitutes diplomatic correspondence exchanged with another state or an
international organisation or official corresponde~ce exchanged with diplomatic missions or consular posts of the Republic.
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(3) A record may not be refused in terms of subsection (I)(a) (iii) if it came into
existence more than 20 years before the request.
(4)(a) If a request for access to a record of a public body may be refused in terms of
subsection (1), or could, if it existed, be so refused, and the disclosure of the existence
or non-existence of the record would be likely to cause the harm contemplated in any
provision of subsection (1), the information officer concerned may refuse to confirm or
deny the existence or non-existence of the record.
(b) If the information officer so refuses to confirm or deny the existence or
non-existence of the record, the notice referred to in section 25(3) must—
(i) state that fact;
(ii) identify the provision of subsection ( 1 ) in terms of which access would have
been refused if the record had existed;
(iii) state adequate reasons for the refusal, as required by section 25(3), in so far as
they can be given without causing the harm contemplated in subsection ( 1);
and
(iv) state that the requester may lodge an internal appeal or an application with a
court, as the case may be, against the refusal as required by section 25(3).
Economic interests and financial welfare of Republic and commercial activities of
public bodies
42. (1) The information officer of a public body may refuse a request for access to J
record of the body if its disclosure would be likely to materially jeopardise the econonlic
interests or financial welfare of [he Republic or the ability of the government to manage
the economy of the Republic effectively in the best interests of the Republic.
(2) The information referred to in subsection (1) includes, without limiting the
generality of that subsection, information about—
(a) a contemplated change in, or maintenance of, a policy substantially affecting
the currency, coinage, legal tender, exchange rates or foreign investment: (b) a contemplated change in or decision not to change—
(i) credit or interest rates;
(ii) customs or excise duties, taxes or any other source of revenue:
(iii) the regulation or supervision of financial institutions:
(iv) government borrowing; or
(v) the regulation of prices of goods or services, rents or wages. salaries or
other incomes; or
(c) a contemplated—
(i) sale “or acquisition of immovable or movable property; or
(ii) international trade agreement.
(3) Subject to subsection (5), the information officer of a public body may refuse a
request for access to a record of the body if the record—
(a) contains trade secrets of the S~ate or a public body;
(b) contains financial, commercial, scientific or technical information. other than
trade secrets, the disclosure of which would be likely to cause harm to the
commercial or financial interests of the State or a public body:
(c) contains information, the disclosure of which could reasonably be expected—
(i) to put a public body at a disadvantage in contractual or other
negotiations; or
(ii) to prejudice a public body in commercial competition; or
(d) is a computer program, as defined in section 1 ( 1 ) of the Copyright Act, 1978
(Act No. 98 of 1978), owned by the State or a public body, except insofar as
it is required to give access to a record to which access is granted in terms of
this Act.
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