GOWRNMENT GAZE~, 3 =BRUARY 2000
PROMOTION OF ACCESS TO tNFORMA~ON ACT, 2000
No.
20852 41
Act No. 2,2000
Proceedings are civil
81. (1) For the purposes of this Chapter proceedings on application in terms of section
78 are civil proceedings.
(2) The roles of evidence applicable in civil proceedings apply to proceedin&s, on
application in terms of section 78.
(3) The burden of establishing that—
(a) the refusal of a request for access; or
(b) any decision taken in terms of section 22, 26(1), 29(3), 54, 57(1) or 60,
complies with the provisions of this Act rests on the party claiming that it so complies.
Decision on application
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82. The court hearing an application may grant any order that is just and equitable.
inchtding orders—
(a) confirming, amending or setting aside the decision which is the subject of the
application concerned;
(b) requiring from the information officer or relevant authority of a public body or 15
the head of a private body to take such action or to refrain from taking such
action as the court considers necessary within a period mentioned in the order:
(c) granting an interdict, interim or specific relief, a declaratory order or
compensation; or
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(d) as to costs.
PART 5
HUMAN RIGHTS COMMISSION
Additional functions of Human Rights Commission
83. (1) The Human Rights Commission must—
(a) compile and make available a guide on how to use this Act as contemplated in 2j
section 10; and
(b) submit reports to the National Assembly as contemplated in section 84.
(2) The Human Rights Commission must, to the extent that financial and other
resources are available—
(a) develop and conduct educational programmed to advance the understanding 30
of the public, in particular of disadvantaged communities, of this Act and of
how to exercise the rights contemplated in this Act;
(b) encourage public and private bodies to participate in the development and
conduct of programmed referred to in paragraph (a) and to undertake such
programmed themselves; and
3j
(c) promote timely and effective dissemination of accurate information by public
bodies about their activities.
(3) The Human Rights Commission may—
(CZ) make recommendations for—
(i) the development, improvement, modernisation. reform or amendment of 40
this Act or other legislation or common law having a bearing on access to
information held by public and private bodies, respectively; and
(ii) procedures in terms of which public and private bodies make information
electronically available;
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(b) monitor the implementation of this Act;
(c) if reasonably possible, on request, assist ~ny person wishing to exercise J right
contemplated in this Act;
(d) recommend to a public or private body that the body make such changes in the
manner in which it administers this Act as the Commission considers
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advisable;
(e) train information officers of public bodies;
(~) consult with and receive reports from public and private bodies on the
problems encountered in complying with this Act;
(g) obtain advice from, consult with, or receive and consider proposals or
recommendations from, any public or private body, official of such a body or 5j
member of the public in connection with the Commission’s functions in terms
of this Act;