Page:Promotion of Access to Information Act 2000.djvu/12

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(a)

that requester complies with all the procedural requirements in this Act relating to a request for access to that record; and

(b)

access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

(2) A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester.

(3) A requester's right of access contemplated in subsection (1) is, subject to this Act, not affected by—

(a)

any reasons the requester gives for requesting access; or

(b)

the information officer's belief as to what the requester's reasons are for requesting access.

Act not applying to certain public bodies or officials thereof

12. This Act does not apply to a record of—

(a)

the Cabinet and its committees;

(b)

the judicial functions of—

(i)

a court referred to in section 166 of the Constitution;

(ii)

a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or

(iii)

a judicial officer of such court or Special Tribunal; or

(c)

an individual member of Parliament or of a provincial legislature in that capacity.

Body determined to be part of another public body

13. For the purpose of this Act, the Minister may, on his or her own accord or on the request of the relevant public body or bodies or a body referred to in paragraph (c), in the prescribed manner and by notice in the Gazette—

(a)

determine that a public body is to be regarded as part of another public body;

(b)

determine that a category of public bodies is to be regarded as one public body with such information officer as the Minister designates; and

(c)

if there is doubt as to whether a body is a separate public body or forms part of a public body, determine that the body—

(i)

is a separate public body; or

(ii)

forms part of a public body.

Chapter 2
Publication and availability of certain records

Manual on functions of, and index of records held by, public body

14. (1) Within six months after the commencement of this section or the coming into existence of a public body, the information officer of the public body concerned must compile in at least three official languages a manual containing—

(a)

a description of its structure and functions;

(b)

the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body and of every deputy information officer of the body appointed in terms of section 17(1);

(c)

a description of the guide referred to in section 10, if available, and how to obtain access to it;

(d)

sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;

(e)

the latest notice, in terms of section 15(2), if any, regarding the categories of records of the body which are available without a person baving to request access in terms of this Act;

(f)

a description of the services available to members of the public from the body and how to gain access to those services;

(g)

a description of any arrangement or provision for a person (other than a public body referred to in paragraph (a) or (b)(i) of the definition of “public body”