(5) The head of a public body shall, when refusing to disclose personal information supplied in confidence as
described in paragraph (f) of subsection (2), give the applicant a summary of the information, if such summary can
be prepared without disclosing the identity of the third party who supplied such personal information.
[Subsection amended by section 4 of Act 5 of 2003]
(6) The head of a public body may allow the third party to prepare the summary of personal information referred to in subsection (5).
PART IV
INFORMATION PERTAINING TO THIRD P ARTIES
26 Requirement to notify third party
(1) The head of a public body shall, if he intends to give an applicant access to a record that he has reason to
believe contains information pertaining to a third party that may be protected from disclosure in terms of Part III,
notify the third party, in writing, of his intention to give such access and afford him an opportunity within twenty
days after the notice is given to make written representations to the public body explaining why the information
should not be disclosed.
(2) Where the head of a public body has been approached by an applicant with a request to give information
pertaining to a third party and he does not intend to give the applicant access to such information, he shall notify
the third party, in writing, of his intention not to give such access to a record.
(3) The head of a public body shall, when giving notice in terms of subsection (1), also give the applicant a
notice stating that—
(a) the record he has requested contains information whose disclosure may affect the interests or invade the
personal privacy of a third party; and
(b) the third party is being given an opportunity to make representations concerning disclosure; and
(c) a decision will be made within thirty days on whether or not to give the applicant access to the record.
(4) The notice referred to in subsection (2) shall—
(a) advise the third party that a request has been made by an applicant for access to a record containing information whose disclosure may affect his interests or invade his personal privacy; and
(b) describe the contents of the record; and
(c) state that, within twenty days after the notice is given, the third party may, in writing, consent to the disclosure thereof.
27 Time limit to give notice of decision
(1) Within thirty days after notice is given in terms of subsection (1) or (2) of section twenty-six, the head of
the public body shall decide whether or not to give access to the record or to part of the record, but no decision
may be made before—
(a) the lapse of twenty-one days after the day notice is given; or
(b) the day a response is received from the third party;
whichever occurs first.
(2) After reaching a decision in terms of subsection (1), the head of the public body shall give notice, in writing, of his decision to both the applicant and the third party.
(3) If the head of the public body decides to give access to the record or to part of the r ecord, the notice shall
state that the applicant will be given access to the record within twenty days after the date the notice is given,
unless the third party requests a review in terms of Part X.
28 Information to be disclosed if in the public interest
(1) The head of a public body shall have a duty to disclose to—
(a) an applicant; or
(b) members of the public or interested or affected persons, whether or not a request has been made;
information concerning—
(i) the risk of significant harm to the health or safety of members of the public; or
(ii) the risk of significant harm to the environment; or
(iii) any matter that threatens national security; or
(iv) any matter that is in the interest of public security or public order, including any threat to public
security or public order:
Provided that information concerning any threat to public security or public order shall only
be disclosed to the relevant law enforcement authorities; or
[Paragraph substituted by section 5 of Act 5 of 2003]
(v) any matter that assists in the prevention, detection or suppression of crime.
[Paragraph substituted by section 5 of Act 5 of 2003]
(vi) …
[Paragraph repealed by section 5 of Act 5 of 2003]