Page:Promotion of Access to Information Act 2000.djvu/43

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Government Gazette, 3 February 2000
No. 2085243

Promotion of Access to Information Act, 2000
Act No. 2, 2000

a public body or a private body in a manner which, including, but not limited to, the payment of fees, is not materially more onerous than the manner in which access may be obtained in terms of Part 2 or 3 of this Act, respectively, access may be given in terms of that legislation.


Extended periods for dealing with requests during first two years

87. (1) For—

(a)

12 months from the date that Part 2 takes effect in respect of a public body, the reference to—

(i)

30 days in section 25(1) and any other reference to that period in other provisions of this Act;

(ii)

30 days in section 49(1) and any other reference to that period in other provisions of this Act,

must be construed as a reference to 90 days in respect of that public body; and

(b)

12 months following the 12 months referred to in paragraph (a), the reference to—

(i)

30 days in section 25(1) and any other reference to that period in other provisions of this Act;

(ii)

30 days in section 49(1) and any other reference to that period in other provisions of this Act,

must be construed as a reference to 60 days in respect of the public body concerned.

(2) The periods of 90 days and 60 days referred to in subsection (1)(a) and (b), respectively, may not be extended in terms of section 26.

(3) Parliament must, after a period of 12 months, but within a period of 18 months, after the commencement of this section, review the operation of this section.


Correction of personal information

88. If no provision for the correction of personal information in a record of a public or private body exists, that public or private body must take reasonable steps to establish adequate and appropriate internal measures providing for such correction until legislation providing for such correction takes effect.


Part 7
General provisions


Liability

89. No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act.


Offences

90. A person who with intent to deny a right of access in terms of this Act—

(a)

destroys, damages or alters a record;

(b)

conceals a record; or

(c)

falsifies a record or makes a false record,

commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.


Amendment of Public Protector Act 23 of 1994

91. Section 6 of the Public Protector Act, 1994 (Act No. 23 of 1994), is hereby amended—

(a)

by the substitution in paragraph (c) of subsection (4) for the expression “authority.” of the expression “authority; and”; and

(b)

by the addition to subsection (4) of the following paragraph:

“(d)

on his or her own initiative, on receipt of a complaint or on request relating to the operation or administration of the Promotion of Access to Information Act, 2000, endeavour, in his or her sole discretion, to resolve any dispute by—