4.3.5.
Protection of information in legal proceedings
The purpose of this section is to protect information required in legal and law enforcement
processes. This section recognises other legislation governing certain categories of
information. In the case of this section the Criminal Procedure Act 51 of 1977 is recognised
as the law governing records pertaining to bail proceedings and other law enforcement
procedures. Also, this applies to records that are privileged from production. In other words
records that are not available to anyone else, other than the person who has the privilege to
access those records, for example an attorney who has client privilege. Any records subject
to the relationship between an attorney and his/her client are protected under section 40 of
PAIA.
Although PAIA acknowledges the existence of other legislation relating to the
management and disclosure of information and records, in a situation where the
legislation unjustifiably limits the right of access to information and is contrary to the
principles of transparency and accountability, PAIA will supersede that law.
4.3.6.
Protection of Research Information
An Information Officer of a public or private body must refuse access to records which
contain information relating to research which is or will be undertaken by the public or
private body in question or a third party. This refusal of access to information is in
circumstances where the disclosure of the record will expose the research of the third party
or public or private body, the individual or institution carrying out the research, or the
subject matter of the research to a serious disadvantage (see sections 43 and 69 of PAIA).
South African Human Rights Commission
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