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GOWRNMENT G~m, 3 ~BRUARY 2000
PROMOTtON OF ACCESS TO NOWA~ON ACT, 2~
No.
20852 43
Act No. 2,2000
a public body or a private body in a manner which, including, but not limited to, the
payment of fees, is not materially more onerous than the manner in which access maybe
obtained in terms of Part 2 or 3 of this Act, respectively, access may be given in terms
of that legislation.
Extended periods for dealing with requests during first two years
5
87. (1) For—
(a) 12 months from the date that Part 2 takes effect in respect of a public body, the
reference te
(i) 30 days in section 25(1) and any other reference to that period in other
10
provisions of this Act;
(ii) 30 days in section 49(1) and any other reference to that period in other
provisions of this Act,
must be construed as a reference to 90 days in respect of that public body; and
(b) 12 months following the 12 months referred to in paragraph (a), the reference
lj
t*
(i) 30 days in section 25(1) and any other reference to that period in other
provisions of this Act;
(ii) 30 days in section 49(1) and any other reference to that period in other
provisions of this Act,
must be construed as a reference to 60 days in respect of the public body ~o
concerned.
(2) The periods of 90 days and 60 days referred to in subsection (1)(a) and (b),
respectively, may not be extended in terms of section 26.
(3) Parliament must, after a period of 12 months, but within a period of 18 months.
25
after the commencement of this section, review the operation of this section.
Correction of personal information
88. If no provision for the correction of personal information in a record of a public
or private body exists, that public or private body must take reasonable steps to establish
adequate and appropriate internal measures providing for such correction until
30
legislation providing for such correction takes effect.
PART 7
GENERAL PROVISIONS
Liability
89. No person is criminally or civilly liable for anything done in good faith in the
exercise or performance or purported exercise or performance of any power or duty in 35
terms of this Act.
Offences
90. A person who with intent to deny a right of access in terms of this Act—
(a) destroys, damages or alters a record;
40
(b) conceals a record; or
(c) falsifies a record or makes a false record,
commits an offence and is liable on conviction to a fine or to imprisonment for a period
not exceeding two years.
Amendment of Public Protector Act 23 of 1994
91. Section 6 of the Public Protector Act, 1994 (Act No. 23 of 1994), is hereby 45
amended—
(a) by the substitution in paragraph (c) of subsection (4) for the expression
“authority.” of the expression “authority; and”; and
(b) by the addition to subsection (4) of the following paragraph:
“(d) on his or her own initiative, on receipt of a complaint or on request 50
relating to the operation or administration of the Promotion of Access to
Information Act, 2000, endeavour, in his or her sole discretion. to resolve
any dispute by—