(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—
(a)
already publicly available; or
(b)
about the third party concerned that has consented in terms of section 48 or otherwise in writing to its disclosure to the requester concerned.
Mandatory protection of safety of individuals, and protection of property
38. The information officer of a public body—
(a)
must refuse a request for access to a record of the body if its disclosure could reasonably be expected to endanger the life or physical safety of an individual; or
(b)
may refuse a request for access to a record of the body if its disclosure would be likely to prejudice or impair—
(i)
the security of—
(aa)
a building, structure or system, including, but not limited to, a computer or communication system;
(bb)
a means of transport; or
(cc)
any other property; or
(ii)
methods, systems, plans or procedures for the protection of—
(aa)
an individual in accordance with a witness protection scheme;
(bb)
the safety of the public, or any part of the public; or
(cc)
the security of property contemplated in subparagraph (i)(aa), (bb) or (cc).
Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings
39. (1) The information officer of a public body—
(a)
must refuse a request for access to a record of the body if access to that record is prohibited in terms of section 60(14) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); or
(b)
may refuse a request for access to a record of the body if—
(i)
the record contains methods, techniques, procedures or guidelines for—
(aa)
the prevention, detection, curtailment or investigation of a contravention or possible contravention of the law; or
(bb)
the prosecution of alleged offenders,
and the disclosure of those methods, techniques, procedures or guidelines could reasonably be expected to prejudice the effectiveness of those methods, techniques, procedures or guidelines or lead to the circumvention of the law or facilitate the commission of an offence;
(ii)
the prosecution of an alleged offender is being prepared or about to commence or pending and the disclosure of the record could reasonably be expected—
(aa)
to impede that prosecution; or
(bb)
to result in a miscarriage of justice in that prosecution; or
(iii)
the disclosure of the record could reasonably be expected—
(aa)
to prejudice the investigation of a contravention or possible contravention of the law which is about to commence or is in progress or, if it has been suspended or terminated, is likely to be resumed;
(bb)
to reveal, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law;
(cc)
to result in the intimidation or coercion of a witness, or a person who might be or has been called as a witness, in criminal proceedings or other proceedings to enforce the law;
(dd)
to facilitate the commission of a contravention of the law, including, but not limited to, subject to subsection (2), escape from lawful detention; or
(ee)
to prejudice or impair the fairness of a trial or the impartiality of an adjudication.
(2) A record may not be refused in terms of subsection (1)(b)(iii)(dd) insofar as it consists of information about the general conditions of detention of persons in custody.
