4.3.7.
Information which may be refused access to
The following categories of information relate to information which an Information Officer
may refuse access to, only if they can justify that the information in question falls within the
following categories and is not in the public interest to disclose (for further information on
the public interest clause see section 4.4 below).
4.3.7.1.
South Africa’s defence, security and international relations
Section 41 of PAIA requires an information officer to consider whether the request for
information relates to information about the security of South Africa. The information
officer may refuse a request if they can prove that it will compromise the safety of South
Africa to release the information.
4.3.7.2.
Economic, financial and commercial interest of South Africa
Section 42 of PAIA requires the protection of information of a public body if its disclosure
will be harmful to the economic and financial status of the Republic. This ground for refusal
is discretionary meaning that the Information Officer will need to take into account the fact
that public bodies are mandated under the Constitution of South Africa to be accountable to
the public, and that it is therefore only in certain instances that the information may be
refused. Further, the Information Officer will need to demonstrate that the disclosure of the
information in question will cause harm to the financial and economic interests of South
Africa.
South African Human Rights Commission
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