Namibia

Name of law: Access to Information Act, 2022
First adopted: 2022
Last modified: n/a
RTI Rating last updated: 2023-09

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Introduction

Overall this is a strong law, particularly in the area of appeals, where it takes care to establish an empowered and independent Information Commissioner. The exceptions system has some weaknesses, as the Act does not clearly trump secrecy provisions in other laws and the language setting out the public interest override is ambiguous, only clearly applying to a few exceptions. The procedure for making requests also requires a reason for the request to be provided and could be improved in some other key respects. In general, if implemented properly the Act will lead to strong access to information in Namibia.

id	Section	Points	Max score
1	Right of Access	3	6
2	Scope	23	30
3	Requesting Procedures	21	30
4	Exceptions & Refusal	21	30
5	Appeals	29	30
6	Sanctions & Protections	5	8
7	Promotional Measures	14	16
		∑ = 116	∑ = 150

Section	I	Description	Scoring instructions	Max score	Findings	Points	Article	Comments
1. Right of Access	1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	NO	0	Not mentioned	Constitution
1. Right of Access	2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	YES	2	4. The right of access to information conferred by section 30 is guaranteed based on the following principles that - (a) a person has the right to access information held by public entities without delay and free of charge, except where payment of reproduction, translation and transcription is allowed under this Act or any other law; ... 30. (1) A person has an enforceable right of access to information held by - (a) a public entity; or (b) a private entity if the information may assist in the exercise or protection of any fundamental human right or freedom. (2) For the purposes of this Act, unless otherwise proven, any information provided to a requester in accordance with this Act by any information holder is presumed to be true and accurate in content and in form and the requester may rely on and use the information on that basis. (3) Nothing in this Act prevents a public entity from - (a) publishing information; or (b) giving access to information, including information exempt from disclosure under Part 9, if it can do so without infringing any rights or is required by law to do so under this Act or any other law.
1. Right of Access	3	The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.	One point for each characteristic.	2	Partially	1	Preamble: An Act to provide for the appointment of an independent and impartial Information Commissioner and Deputy Information Commissioners; to provide for the obligations of public entities; to provide for the right of access to information held by public and private entities; to provide for the promotion, creation, keeping, organisation and management of information in a form and manner that facilitates transparency, accountability, good governance and access to information; to provide for requests for access to information; to provide for internal review, appeal and judicial review of decisions on access to information; to provide for information exempt from disclosure; and to provide for incidental matters. 3. (1) When interpreting this Act, due consideration must be given to the Namibian Constitution, the general principles referred to in section 4, the objects of this Act and the relevant international instruments applicable to Namibia. 4. The right of access to information conferred by section 30 is guaranteed based on the following principles that - (a) a person has the right to access information held by public entities without delay and free of charge, except where payment of reproduction, translation and transcription is allowed under this Act or any other law; (b) a person has the right to expeditiously and inexpensively access information of private entities that may assist in the exercise or protection of any fundamental human right or freedom; (c) this Act and any other law, policy or practice creating a right of access to information is interpreted and applied on the basis of a presumption of disclosure, and that non-disclosure is permitted only under exemptions as set out in this Act or any other law; (d) information holders are subject to the authority of the Information Commissioner in all matters relating to access to information; (e) any refusal to disclose information is subject to internal review, appeal and judicial review; (f) public entities are required to proactively disclose information, unless otherwise provided in this Act or any other law; and (g) a person who discloses information in good faith is not subject to any sanction except where a relevant law provides otherwise.	The principles in s. 4 only refer to internal matters, mostly specifically guaranteed in the law and accounted for elsewhere in these indicators. The Preamble does refer to very limited external benefits but it is not entirely clear that this is covered by s. 3.
2. Scope	4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	YES	2	4. The right of access to information conferred by section 30 is guaranteed based on the following principles that - (a) a person has the right to access information held by public entities without delay and free of charge, except where payment of reproduction, translation and transcription is allowed under this Act or any other law; 30. (1) A person has an enforceable right of access to information held by - (a) a public entity; or (b) a private entity if the information may assist in the exercise or protection of any fundamental human right or freedom. 35. (1) A person who wishes to obtain access to information held by an information holder must make a request in writing or orally to the information officer. Interpretation of Laws Proclamation 37 of 1920, s. 2. “person” shall include - (c) any body of persons corporate or unincorporate.	Persons includes both legal and natural persons corporate or unincorporate. No indication only citizens.
2. Scope	5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	YES	4	1. In this Act, unless the context otherwise indicates - ... “information” includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, facts, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held; 2.(1) This Act applies to information held by a public entity or private entity whether or not the information had been produced before the commencement of this Act.	Seems to be very comprehensive although the reference to "documentary material" in the definition is not very helpful.
2. Scope	6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information.	2	Partially	1	1. In this Act, unless the context otherwise indicates - ... “information” includes any original or copy of documentary material irrespective of its physical characteristics, such as records, correspondence, facts, opinion, advice, memorandum, data, statistic, book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held;	No specific reference to both information and documents.
2. Scope	7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially	5	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services. 2(2) This Act does not apply to - (a) information relating to - (i) proceedings and decisions of Cabinet and its committees; Schedule 1, 2 and 3 of Public Service Act (via s. 1 of that Act).	Loses 1 point for Cabinet and committees and 2 points because it does not appear to cover non-statutory bodies which are controlled but not owned by the State.
2. Scope	8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	YES	4	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services... ; Schedule 3 of Public Service Act (via s. 1 of Public Service Act).
2. Scope	9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	Partially	2	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services; 2(2) This Act does not apply to - (a) information relating to -(ii) judicial functions of a court, a tribunal or investigating unit established under any law; and (iii) the nomination, selection and appointment of a judicial officer or any other person exercising a judicial or quasi-judicial function in terms of any law; Schedule 3, Public Service Act.	Includes office of the judiciary. Excludes information relating to judicial functions or the nomination/selection/appointment of judicial officer. So essentially only covers the administrative functions of courts.
2. Scope	10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	Partially	1	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services;	Covers owned and funded but not controlled.
2. Scope	11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	YES	2	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services... Schedule 1, 2 and 3 of Public Service Act (via s. 1 of Public Service Act).
2. Scope	12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	YES	2	1. In this Act, unless the context otherwise indicates - ...“public entity” means - (a) an “office”, “ministry” or “agency” of government as defined in section 1 of the Public Service Act, 1995 (Act No. 13 of 1995); (b) an entity established by or under the Namibian Constitution or a statute; (c) a private entity that - (i) is totally or partially owned by the State, or financed, directly or indirectly, by the State; or (ii) carries out statutory functions or services or public functions or services... 29. The Information Commissioner may, in writing, exempt a category of organisations operating on a non-profit basis which are public entities by virtue of paragraph (c)(ii) of the definition of public entity from any obligation under this Act.	Both although the IC has power to exempt non-profit organisations performing public functions from obligations under the act.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	NO	0	35(6) Subject to subsection (7)(b) and (c), a requester must provide a reason for requesting access to information. 37(1) A request for access to information is not affected by - (a) any reason the requester gives for requesting access; or (b) the belief of an information officer as to what the reasons of the requester are for requesting access, except in so far as it relates to a request for information made for reasons contemplated in subsection (3) or section 35(7)(b) or (c).
3. Requesting Procedures	14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	Partially	1	35(7) A requester must - (a) provide such details concerning the information requested as is reasonably necessary to enable the information officer to identify and allocate the information; (b) if the requester believes that the information is necessary to safeguard the life or liberty of a person, include a statement to that effect and the basis for such belief; (c) if the request is to a private entity, explain why the requested information may assist in the exercise or protection of any fundamental right or freedom; (d) identify the nature of the form and language in which the requester prefers access; and (e) if the request is made on behalf of someone else, include an authorisation from the person on whose behalf the request is made.	This is not clear as to what is required to make a request but some benefit of the doubt given as it does not appear to require a name, ID number and so on.
3. Requesting Procedures	15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	Partially	1	35(1) A person who wishes to obtain access to information held by an information holder must make a request in writing or orally to the information officer. (2) If a person makes a request orally the information officer must reduce the oral request to writing and provide a copy of that written request to the requester.	Simply says can submit oral or written; if oral the information officer must write it down. No other major/burdensome requirements but lacks protection for any means (even electronic means is not mentioned).
3. Requesting Procedures	16	Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	YES	2	36(1) If a person - (a) wishes to make a request for access to information to an information holder; or (b) has made a request for access to information to an information holder that does not comply with the requirements of this Act, the information officer must take all necessary steps to assist the person, free of charge, to make the request in a manner that complies with this Act. (2) If a person with a disability wishes to make a request for access to information, an information officer must - (a) take all necessary steps to assist the person to make the request in a manner that complies with this Act and meets his or her needs; and (b) provide information in accessible communication format and technologies as chosen by the requester and appropriate to his or her kind of disability in a timely manner and without additional cost.
3. Requesting Procedures	17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	YES	2	35(2) If a person makes a request orally the information officer must reduce the oral request to writing and provide a copy of that written request to the requester. 36(1) If a person - (a) wishes to make a request for access to information to an information holder; or (b) has made a request for access to information to an information holder that does not comply with the requirements of this Act, the information officer must take all necessary steps to assist the person, free of charge, to make the request in a manner that complies with this Act. (2) If a person with a disability wishes to make a request for access to information, an information officer must - (a) take all necessary steps to assist the person to make the request in a manner that complies with this Act and meets his or her needs; and (b) provide information in accessible communication format and technologies as chosen by the requester and appropriate to his or her kind of disability in a timely manner and without additional cost. 44(5) If a requester with a disability - (a) requests access to information and the information holder grants access; and (b) is prevented by the disability from reading, viewing or listening to, the information, in the form in which it is held, the information officer must take reasonable steps to make the information available in a form in which the requester can read, view or listen, if the requester so requests.	Language on disability strong and can make oral requests
3. Requesting Procedures	18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.	Score 1 point for receipt, 1 point for max 5 working days	2	YES	2	35(3) On receipt of a request, an information officer must immediately provide an acknowledgement of the request to the requester in the prescribed form if the information requested is not readily available to be accessed.	"immediately" presumably means less than 5 days
3. Requesting Procedures	19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	Partially	1	40(1) If a request for access to information is made to a public entity, and the public entity - (a) does not hold the information; or (b) knows or reasonably presumes the information to be - (i) held by another public entity; or (ii) more closely connected with the mandate or functions of another public entity, the public entity must, after inquiry with the other public entity, refer the request or such part of the request as may be appropriate to the other public entity. (2) A public entity that needs to refer a request in accordance with subsection (1) must, within five days of receipt of the request - (a) refer the request to the other public entity; and (b) notify the requester of the referral in writing. (3) A public entity that receives the referred request under subsection (2) must within five days notify the requester of the receipt in writing. (4) If a request is referred to another public entity in accordance with subsection (2), the request is considered to have been -(a) made to the public entity to which it was referred; and (b) received by the public entity on the date the original public entity received the request. 43(1) An information officer must, within 21 days of the receipt of a request for access to information, notify the requester in writing that the information cannot be found or does not exist if the information officer - (a) has taken all reasonable steps to find the information; and (b) has concluded that the information - (i) is in the possession of the information holder but cannot be found; or (ii) does not exist. (2) The notice referred to in subsection (1) must include a prescribed affidavit by the information officer stating the substantive details of all steps taken to find the information or to determine whether the information exists, including details of - (a) all locations searched for the information and the person or persons that conducted the searches; (b) any communications with any person that the information officer contacted in searching for the information or attempting to establish the existence of the information; and (c) any evidence relating to the existence of the information, including - (i) any evidence that the information was destroyed; and (ii) the location in which the information was last known to be held. (3) If the information is found after notice is given to a requester under subsection (1), the information officer must immediately notify the requester in writing, and must, within 14 days of the finding of the information - (a) consider the request for access to information; and (b) continue, apply and complete the process and procedures of request for access to information as set out in section 37 and other applicable provisions regarding reviews and appeals.	S. 40(1)(b)(ii) allows for transfers on unduly broad grounds, costing 1 point.
3. Requesting Procedures	20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	Partially	1	44(1) Access to information may be granted to a requester in a form of - (a) a reasonable opportunity to inspect the information; (b) a copy of the information; or (c) in the case of information - (i) that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear, view, record or copy the sounds or visual images; (ii) by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, a written transcript; (iii) which is held in a computer, or in electronic or machine-readable form, and from which the information holder is capable of producing a printed copy of the information or part of it, a printed copy; or (iv) available or capable of being made available in computer readable form, a copy in that form. (2) Subject to subsection (4), if the requester has requested access to information in a particular form the information officer must grant access in such form if possible. (3) A requester may amend his or her preferred form of access on receipt of notice of the reproduction fees, translation fees or transcription fees payable if access is not granted in the form initially requested. (4) An information officer may not grant a request for access to information in the form as requested under subsection (2) if giving access in the form so requested is likely to - (a) unreasonably interfere with the operations of the information holder; (b) be detrimental to the preservation of the information; (c) be inappropriate, having regard to the physical nature of the information; (d) endanger national security or defence; or (e) jeopardise a criminal investigation, but access may be granted in another form authorised by subsection (1) as it may be appropriate, subject to any modification relating to the fees payable. (5) If a requester with a disability - (a) requests access to information and the information holder grants access; and (b) is prevented by the disability from reading, viewing or listening to, the information, in the form in which it is held, the information officer must take reasonable steps to make the information available in a form in which the requester can read, view or listen, if the requester so requests.	Point lost because some of the grounds for not providing information in the format sought are not appropriate. Thus, national security/defence and criminal investigations may be reasons to refuse to provide the information in the first place but not as to format.
3. Requesting Procedures	21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES	2	35(4) If the information requested is readily available to be accessed, the information officer must immediately provide the information and retain a record of the request and the response. 37(2) Subject to subsection (3), the information officer to whom a request for access to information is made must, as soon as reasonably practicable within 21 days after receipt, consider the request and must - (a) grant the request; or (b) refuse the request, and must notify the requester of the decision in writing. (3) If a request for access to information relates to information which reasonably appears to be necessary to safeguard the life or liberty of a person, the information officer must within 48 hours after receipt of the request consider the request and must - (a) grant the request; or (b) refuse the request, and must notify the requester of the decision in writing.
3. Requesting Procedures	22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	Partially	1	37(2) Subject to subsection (3), the information officer to whom a request for access to information is made must, as soon as reasonably practicable within 21 days after receipt, consider the request and must - (a) grant the request; or (b) refuse the request, and must notify the requester of the decision in writing.	21 days, not clear if working or calendar but in any case longer than the 10 working days for 2 points.
3. Requesting Procedures	23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	-	2	YES	2	39(1) Subject to subsection (3), an information officer may extend the period within which to consider a request received under section 35 to a period of not more than 14 days on a single occasion, if - (a) the request is for a large amount of information or requires a search through a large amount of information that cannot be provided or completed within 21 days without unreasonable interference with the main activities of the information holder; or (b) the holding of consultations is necessary to comply with the request and cannot be reasonably completed within 21 days. (2) If the information officer considers any part of the information requested within 21 days specified in section 37(2), the information officer may decide in respect of such part in accordance with that section. (3) If a period to respond to a request is extended in terms of subsection (1), the information officer must, within the 14 day extension, notify the requester in writing of the extension. (4) The notice in terms of subsection (3) must state - (a) the period of the extension; (b) the reasons for the extension, based on the provisions of this Act; and (c) that the requester may apply for review of the decision in accordance with section 48.	14 days. Enough for full points although notice under s. 39(3) is to be provided within the 14 days and not within the original 21 days as it should be.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	YES	2	46(1) A requester is not required to pay any fee - (a) on lodging a request; ...
3. Requesting Procedures	25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	Partially	1	In this Act, unless the context otherwise indicates - ... “reasonable reproduction cost” means the minimum market rate of reproduction; 46(1) A requester is not required to pay any fee - (a) on lodging a request; or (b) in relation to time spent by an information holder - (i) searching for the information requested; or (ii) examining the information to determine whether it contains exempted information or severing the exempted part of the information from the information granted. (2) Subject to subsection (3), an information holder may charge the requester a reproduction fee consisting of the reasonable reproduction costs incurred by the information holder. (3) A reproduction fee is not payable - (a) for reproduction of personal information of the requester; (b) if the request is made on behalf of another person for the personal information of the person on whose behalf the request is made; (c) for reproduction of information which is in the public interest; (d) if an information holder fails to respond to a request within - (i) the period required under section 37; or (ii) the extended period, where an extension of the period has been made under section 39; or (e) if the requester is indigent as may be prescribed. (4) An information holder may recover the prescribed translation fee or transcription fee from a requester if the requester makes a request to the information holder that - (a) the information released under this Act be made available in a language other than the official language in which it is held; or (b) a written transcription of information released under this Act be produced. 85. The Minister may make regulations relating to any or all of the following - (b) the fees that may be charged under this Act;	No reference to free pages.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	YES	2	46(3) A reproduction fee is not payable -(e) if the requester is indigent as may be prescribed.
3. Requesting Procedures	27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	Partially	1	78(1) Subject to subsection (2), information to which a requester is granted access under this Act becomes information in the public domain irrespective of whether the information is published or not. (2) If a requester is granted access to - (a) his or her personal information; (b) personal information of his or her next of kin; or (c) personal information of a person for whom he or she is the legal representative, such information does not become information in the public domain only by reason of that granting of access.	One point given because this is only a very partial form of protection for re-use.
4. Exceptions & Refusal	28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.	4	Partially	1	1. In this Act, unless the context otherwise indicates - ... “classified information” means classified information as defined in section 1 of the Namibia Central Intelligence Service Act, 1997 (Act No. 10 of 1997); 3(3) Unless otherwise provided in this Act, nothing in this Act - (a) limits any other legislation that grants access to information held by a public or private entity; or (b) prevents any other legislation that prohibits or limits the disclosure of information held by a public or private entity, but in the case of a conflict between this Act and such other legislation, the legislation with a provision that is more favourable than the other in terms of granting access to information prevails. 65(1) Classified information - (a) is exempt from disclosure under this Act merely on the basis of its classification status under the relevant law; and (b) remains classified until - (i) declassified under the relevant law; (ii) its classification period expires in terms of the relevant law; or (iii) disclosed under this Act or any other law.	In cases of conflict the provision friendly to access governs, but then classified information is exempt
4. Exceptions & Refusal	29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	Partially	8	ss. 65-75; s. 1.	Points lost for personal information (which is too broad and should be private information instead) and for manifestly frivolous or vexatious requests, which is too broad.
4. Exceptions & Refusal	30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	YES	4	ss. 65-75; s. 1.
4. Exceptions & Refusal	31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially	2	64. Despite any exempt information set out in this Part, an information officer from whom access to information has been requested under this Act must grant such access, if - (a) the disclosure of the information would reveal evidence of - (i) a corrupt activity or any serious contravention of law; (ii) an imminent and serious public health or safety risk; or (iii) an imminent and serious environmental risk; and (b) the public interest demonstrably outweighs the resulting harm to the interest protected under the relevant exemption should the disclosure of the information be granted. 79. An information officer who refuses to grant a request for access to information has the burden of proving, on a balance of probabilities, that - (a) such information is exempt from disclosure under this Part; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest.	S. 64 only refers to three types of public interests which override secrecy and requires the public interest to "demonstrably outweigh" the harm. S. 79 provides for a more general and appropriate public interest override but this seems to conflict with s. 64 and is cast only as a burden of proof issue instead of an actual override so two points taken.
4. Exceptions & Refusal	32	Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	NO	0	N/A	Not mentioned
4. Exceptions & Refusal	33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	YES	2	37(4) If the request for access to information is granted under subsection (2) or (3), the notice referred to in that subsection must state - (c) that, if the information requested contains third party information, information is not released until such time - (i) any right of the third party to review the granting of access to the information has expired; or (ii) any review lodged by the third party has been determined; 38(1) If an information officer considers a request for access to information that contains - (a) personal information of a natural third party; or (b) commercial or confidential information of a third party, the information officer must, within seven days of receipt of the request, take reasonable steps to notify in writing - (i) the third party to whom the information relates; or (ii) if the third party is deceased, the executor of the deceased estate, the next of kin or legal representative of the third party. (2) Subject to subsection (9), the notice referred to in subsection (1) must include the - (a) nature of the request and the content of the information; and (b) information that - (i) the third party may consent to the release of the information or make a representation as to why access to the information should not be granted in accordance with subsection (3); (ii) if the third party does not make a representation as to why access to the information should not be granted, access must be granted; (iii) the information officer may grant or refuse the request even if the third party makes a representation under subsection (3); and (iv) if the information officer decides to release the information, the third party may lodge an application for review of the decision under section 48. (3) Subject to subsection (4), a third party may, within 14 days of being informed of a request under subsection (1) - (a) inform the information officer, orally or in writing, that he or she consents to the release of the information to the requester; or (b) make a representation to the information officer, orally or in writing, stating why the request for access to the information should not be granted. (4) If consent is given or a representation is made orally under subsection (3), the information officer must reduce the consent or representation to writing and provide a copy of the consent or representation to the third party. (5) If a third party - (a) does not provide a response under subsection (3); or (b) cannot be located after reasonable steps have been taken to do so, after 14 days of the request, the information officer must - (i) assume that the third party does not object to the granting of access to information to the requester; and (ii) if the third party cannot be located, prepare and sign an affidavit stating all steps taken to locate the third party, and retain such affidavit and grant access. (6) On determining whether to grant the requester access to the personal, commercial or confidential information of the third party, the information officer must notify the third party in writing of the decision within seven days. (7) If the third party objected to the granting of access and the information officer has granted the request for access, the notice referred to in subsection (6) must state - (a) the reasons for granting the request; (b) that the third party may apply for a review of the decision in accordance with section 48 within 14 days of receipt of the notice; and (c) that the requester will be granted access to the information, unless an application for review is lodged within 14 days of receipt of the notice. (8) If an information officer considers a request - (a) to which the information officer must respond to within 48 hours as required by section 37(3); and (b) that contains personal information of a natural third party or commercial or confidential information of a third party, the information officer must take reasonable steps to notify the third party to whom the information relates. (9) The notification referred to in subsection (8) must be in writing, and the notification must state - (a) the nature of the request and the content of the information; (b) the name of the requester; and (c) whether the information officer may or may not release the information to the requester. (10) If an information officer complies with subsection (8) but the third party cannot be located or fails to make his or her representation within 48 hours stating why the request should not be granted, the information officer must - (a) decide on the request with or without a representation being made; or (b) in the case where the request for access is granted, if appropriate, consider severing any portion that contains third party information from the information. 66(1) Subject to subsection (2), an information officer may not grant a request for access to information if the disclosure of the information - (a) would involve the disclosure of personal information about a natural third party, including a deceased individual; (b) would constitute a breach of duty of confidence owed to a third party in terms of an agreement; or (c) contains information that was supplied in confidence by a third party the disclosure of which could reasonably be expected to prejudice the future supply of - (i) similar information; or (ii) any information from the same source, and it is in the public interest that similar information or information from the same source should continue to be supplied. (2) An information officer must grant a request for access to information contemplated in subsection (1) if - (a) the third party does not make a representation under section 38(3) stating why access to the information should not be granted; (b) the third party consents to the disclosure; (c) the information relates to the physical or mental wellbeing of an individual who is under the care of the requester and who is - (i) under the age of 18 years; or (ii) incapable of understanding the nature of the request, and giving access would be in the interest of the individual; (d) the information is about a deceased individual and the requester is - (i) the next of kin or legal representative of the deceased; (ii) making the request with the written consent of the next of kin or legal representative of the deceased; (iii) the executor of the estate of the deceased; or (iv) the trustee of a trust which can benefit from the estate of the deceased; (e) the information relates to the position or functions of an individual who is or was an official of the information holder or any other public or private entity; or (f) the information was supplied to the information holder by the individual to whom it relates and the individual was informed by or on behalf of the information holder, before it was given that the information belongs to a class of information that would or might be made available to the public.	Procedures allow for extensions but not beyond the time for extensions also allowed for other instances of extensions (14 days), so this is considered within the original time frame
4. Exceptions & Refusal	34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	YES	2	77. If a requester requests access to information, but a portion of a record or document containing requested information is exempted from release under this Part, the information officer if he or she decides to grant access must - (a) sever or redact the exempt portion of the information from the record or document; (b) grant the requester access to the remainder of the information; and (c) indicate the length or amount of information severed or redacted.
4. Exceptions & Refusal	35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES	2	37(7) If a request for access to information is refused, the notice referred to in subsection (2) or (3) must - (a) state reasons for the refusal, based on the contents and substance of the request and the information considered by the information officer; (b) contain a reference to specific provisions of this Act or any other law on which the refusal is based; and (c) inform the requester that he or she may apply to the head of the information holder for review of the decision in accordance with section 48. 49(3) If the head of the information holder or staff member decides to grant access to information, the notice to the requester referred to in subsection (2) must state -....(c) that the requester may appeal to the Information Commissioner under section 59 against the decision in respect of the reproduction fee, translation fee or transcription fee payable or the form of access, and the process for lodging the appeal.
5. Appeals	36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	YES	2	47(1) If a requester is not satisfied with a decision of an information officer, the requester may apply for internal review of the decision. (2) If a third party is not satisfied with the decision of an information officer granting access to information containing third party information, the third party may apply for internal review of the decision.48. (1) An application for internal review of the decision of an information officer must - (a) be lodged within 14 days of receipt of the decision; (b) be lodged in writing or orally with the information officer; (c) set out particulars of the decision and the grounds for review; and (d) be determined by the head of the information holder or any staff member designated in writing by the information holder. (2) If a requester or a third party orally applies for internal review, the information officer must reduce the oral application to writing and provide a copy of the application to the applicant. (3) An information officer, within five days of receipt of the application for internal review, must submit to the head of the information holder - (a) the application for internal review; (b) the reasons for his or her decision; and (c) all forms of proof, and notify the applicant in writing that the application together with all documentation have been so submitted. (4) If an application for internal review is lodged after the expiry of 14 days, the information officer may, on good cause shown, allow the late lodging of the application. 49(1) The power to determine a matter brought on internal review in terms of section 48 is to be exercised by - (a) the head of the information holder; or (b) a staff member designated in writing by the information holder. (2) The head of the information holder or staff member referred to in subsection (1) (b) must, within 14 days of receipt of the application for internal review, consider the review of the decision of the information officer and must - (a) refuse the application and confirm the decision; or (b) grant the application and set aside or amend the decision, and must notify the requester or third party in writing. (3) If the head of the information holder or staff member decides to grant access to information, the notice to the requester referred to in subsection (2) must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester may appeal to the Information Commissioner under section 59 against the decision in respect of the reproduction fee, translation fee or transcription fee payable or the form of access, and the process for lodging the appeal. (4) The notice to the third party referred to in subsection (2) must state - (a) the reasons for the decision; and (b) that the third party may appeal to the Information Commissioner against the decision in accordance with section 52, and the process for lodging the appeal. (5) Subject to subsection (6), if a requester has been given notice that access to information has been granted, the head of the information holder or the staff member must immediately give the requester access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (6) If the head of the information holder or the staff member has on internal review decided to release information containing third party information the requester may not be granted access to the information until such time - (a) any right of the third party to appeal against the decision to release the information under section 52 has expired; or (b) any appeal lodged by the third party has been finally determined. (7) If the head of the information holder or the staff member has on internal review refused to grant access to information, the notice to the requester referred to in subsection (2) must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the head; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may appeal to the Information Commissioner against the decision in accordance with section 52, and the process of lodging the appeal. 50. If the head of an information holder or the staff member referred to in section 49(1)(b) fails to make a determination on an internal review within 14 days as required by section 49, the application for review is deemed to have been refused, unless the determination could not be made due to a reason provided and agreed to by the requester at least three days before the expiry of that period.	Must be decided within 14 days of application for internal review
5. Appeals	37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES	2	51(2) A person may directly appeal to the Information Commissioner against the decision or failure to make a decision without exhausting the internal review process under this Part if - (a) the information officer refused to grant - (i) the personal information of the requester; and (ii) access to the information which was previously in the public domain and has never been withdrawn; (b) the head of the information holder is also the information officer of the information holder; or (c) the requester reasonably believes that access to the information requested is necessary to safeguard the life or liberty or rights of a person and to be granted in 48 hours of the request and - (i) notice of a decision on the request for access to information is not received in the 48 hours; or (ii) the request for access to information is refused. 52(1) If a requester is not satisfied with - (a) the decision of - (i) the head of an information holder or a staff member taken on internal review in terms of section 49; or (ii) the information officer made under section 37; or (b) the failure to make a decision as contemplated in section 41 or 50, the requester may appeal to the Information Commissioner against the decision or the failure to make a decision in accordance with section 53. (2) A third party who is not satisfied with the decision of the head of an information holder or a staff member taken on internal review in terms of section 49 granting a requester access to information containing the third party information may appeal to the Information Commissioner against the decision in accordance with section 53. 53(1) An appeal to the Information Commissioner under section 52 - (a) must be lodged within 14 days of receipt of the decision of - (i) the head of the information holder or a staff member; or (ii) the information officer in terms of section 51(2); (b) must be lodged in writing or orally with Information Commissioner; (c) must set out particulars of the decision and the grounds for appeal in the prescribed manner; and (d) must be decided by the Information Commissioner or a Deputy Information Commissioner acting as the Information Commissioner or such other person in that acting capacity. (2) If an appeal is lodged orally, the Information Commissioner must ensure that the oral appeal is reduced to writing and provide a copy of the appeal to the requester or third party, if applicable.
5. Appeals	38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	Partially	1	5(1) In terms of subsection (3), the President must appoint an independent and impartial person as Information Commissioner to promote, monitor and protect the right of access to information in Namibia. (2) The Information Commissioner is assisted by one or more Deputy Information Commissioner appointed by the President in terms of subsection (3). (3) The President appoints, in writing, the Information Commissioner or a Deputy Information Commissioner after the National Assembly by resolution approves the appointment of a candidate from a list of two to three candidates nominated by the Selection Committee. 6(1) There is established a Selection Committee for the purposes of - (a) shortlisting, interviewing, selecting and nominating candidates for - (i) approval of the National Assembly by a resolution; and (ii) subsequent appointment by the President as Information Commissioner or Deputy Information Commissioner; and (b) selecting and nominating persons for appointment as members of a committee under section 14(3). (2) Subject to subsection (4), the Selection Committee consists of - (a) the chairperson of the Public Service Commission established by section 2 of the Public Service Commission Act, 1990 (Act No. 2 of 1990), who is the chairperson of the Selection Committee; (b) the chairperson of the Council of the Law Society of Namibia referred to in section 45 of the Legal Practitioners Act, 1995 (Act No. 15 of 1995), who is the deputy chairperson of the Selection Committee; (c) the Executive Director of the Ministry administering information; (d) the chief executive officer of the Communications Regulatory Authority of Namibia established by section 4 of the Communications Act, 2009 (Act No. 8 of 2009); and (e) a person - (i) nominated by non-governmental organisations established in terms of the laws of Namibia dealing with the media; and (ii) appointed by the Minister together with his or her alternate from a list of not more than three persons. (3) The Minister must, for the purposes of selecting persons for appointment as contemplated in subsection (1)(e), in at least two local newspapers circulating nationally, request interested non-governmental organisations to submit, within 30 days of publication of the notice in the newspapers, the names of persons complying with the requirements for appointment as a member of the Selection Committee. (4) The chairperson of the Selection Committee must make sure that, as far as practicable, no gender has more than three members on the Committee by arranging that the second in charge of an institution as contemplated in subsection (5) may replace a respective member to create gender balance. (5) Subject to subsection (6), if a member of the Selection Committee is unable to attend a meeting of the Selection Committee - (a) a member of the Public Service Commission designated by the Commission, the vice-chairperson of the Council of the Law Society, the Deputy Executive Director of the Ministry administering information, the chief operations officer of the Communications Regulatory Authority of Namibia or the alternate member appointed under subsection (2)(e)(ii), respectively; or (b) a person appointed to act as such in the absence of any functionary referred to in paragraph (a), must attend the meeting of the Selection Committee in the place of the member who is unable to attend the meeting. (6) All five members of the Selection Committee form a quorum for the purposes of any meeting of the Committee. (7) The majority of the members of the Selection Committee present and voting at the meeting of the Committee constitute the decision of the Committee. (8) The Secretary to the National Assembly must serve as the secretary at meetings of the Selection Committee. (9) The Minister may, with the approval of the National Assembly, prescribe the - (a) terms and conditions of appointment as members of the Selection Committee; (b) procedures to be followed at meetings of the Selection Committee; and (c) advertisement of the vacancies, applications for appointment, and shortlisting of candidates for interviews and selection process for nomination for appointment as Information Commissioner or Deputy Information Commissioner. 12. The Information Commissioner or a Deputy Information Commissioner holds office for a term of five years, and is eligible for reappointment on the expiry of that term, but a person may not serve for more than two terms of office. 14(1) Subject to this section, the President may remove the Information Commissioner or a Deputy Information Commissioner from office if the Information Commissioner or Deputy Information Commissioner - (a) fails to comply with a term or condition of his or her contract of appointment; (b) by reason of his or her physical or mental illness, incompetence or any other reason, is incapable of efficiently exercising or performing his or her powers or functions; or (c) is found guilty of a prescribed act of misconduct. (2) If the question of any inquiry into an alleged non-compliance, incapacity, incompetence or act of miscoduct of the Information Commissioner or Deputy Information Commissioner contemplated in subsection (1) arises, the President must immediately notify the Speaker of the National Assembly. (3) The Speaker of the National Assembly must, within five days after receipt of the notice under subsection (2), notify the Selection Committee to nominate persons for appointment by the President as members of a committee - (a) to inquire into the matter; and (b) to submit a report and recommendations to the President. (4) The committee contemplated in subsection (3) consists of - (a) a chairperson who - (i) is a retired magistrate or a judge of the High Court or Supreme Court of Namibia; or (ii) is a legal practitioner with 10 or more years of post-admission experience; and (b) two other persons who have 10 or more years of experience in their field of expertise relevant to the powers and functions of the Information Commissioner and are fit and proper persons of integrity. (5) The Secretary to the National Assembly must serve as the secretary at meetings of the committee contemplated in subsection (3). (6) If the inquiry into the action of misconduct of the Information Commissioner or a Deputy Information Commissioner is referred to the committee, the President -(a) may suspend the Information Commissioner or Deputy Information Commissioner from exercising and performing the powers and functions of his or her office, pending the inquiry by the committee; and (b) must immediately cancel the suspension imposed under paragraph (a), if -(i) the conditions for suspension lapse; or (ii) the committee recommends to the President that the appointment of the Information Commissioner or Deputy Information Commissioner is not to be terminated. (7) The committee contemplated in subsection (3) must - (a) inquire into the matter in accordance with the procedure that conforms to the rules of natural justice; and (b) within 21 days after conclusion of the inquiry, submit its report and recommendations to the President. (8) If the recommendation of the committee referred to in subsection (3) is that the Information Commissioner or Deputy Information Commissioner must be removed from office, the President must refer the recommendation and the reasons for the recommendation to the Speaker of National Assembly - (a) within seven days after receipt of the recommendation if the National Assembly is in session; or (b) if the National Assembly is not then in session, within seven days after the next session of the National Assembly starts. (9) On adoption by the National Assembly of a resolution calling for the termination of appointment of the Information Commissioner or a Deputy Information Commissioner, the President must, immediately on receipt of the resolution, by notice in writing, terminate the appointment of the Information Commissioner or Deputy Information Commissioner.	There are two government representatives on the Selection Committee - Chair of Public Service Commission and CEO of ministry responsible for information (s. 6(2)) - out of five members. And Minister sets meeting and other rules (s. 6(9)). Note also that staff of the Commission are seconded from government (s. 17(1)).
5. Appeals	39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	YES	2	10(1) The Information Commissioner -(b) is accountable to the National Assembly for the execution of his or her mandate, operations and performance; … 16(1) The funds required for the purposes of exercising the powers and performing the functions of the Information Commissioner consist of money - (a) appropriated by Parliament for that purpose; and (b) any money made available by any person for that purpose from any lawful source with the approval of the Minister. (2) The remuneration and other conditions of service of the Information Commissioner and Deputy Information Commissioner are at a level commensurable with that of the Director-General and Deputy Director-General of the Anti-Corruption Commission appointed in terms of the Anti-Corruption Act, 2003(Act No. 8 of 2003), respectively. 18(1) As soon as practicable, but not later than three months after the end of each financial year, the Information Commissioner must prepare and submit to the Minister a report concerning the activities of the office of the Commissioner during such financial year for tabling in the National Assembly. (2) The report must include - (a) the state of implementation of access to information in terms of this Act; (b) the findings of any audit undertaken; and (c) offences reported or prosecuted that have been noted during investigations under this Act.
5. Appeals	40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	YES	2	7. A person qualifies for appointment as Information Commissioner or Deputy Information Commissioner if the person - (a) is a fit and proper person and is a person of integrity; (b) possesses academic qualifications, knowledge and experience relevant to the functions of the Information Commissioner; (c) has knowledge in human rights, especially the right of access to information, or in public or corporate governance; and (d) has a clear understanding of the application of the principles of transparency and accountability. 8. A person does not qualify for appointment as Information Commissioner or Deputy Information Commissioner if the person - (a) is not a Namibian citizen or is not lawfully admitted to Namibia for permanent residence; (b) is a member of Parliament; (c) is a member of a regional council or a local authority council; (d) is an unrehabilitated insolvent; (e) has been convicted of an offence and sentenced to imprisonment without the option of a fine, excluding an offence of a political nature committed before the date of independence of Namibia; or (f) holds a political office at any level of the State, or occupies a position within a political party, at the time of nomination. 11. During his or her term of office, the Information Commissioner or Deputy Information Commissioner may not - (a) occupy any other office for financial gain; or (b) engage in any political activity such as presiding at a public political meeting or draw up or publish any writing or deliver a public speech or make a public statement with the intention to promote or prejudice the interests of any political party.
5. Appeals	41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	YES	2	9(1) The powers of the Information Commissioner include - (a) subject to Article 13 of the Namibian Constitution, entering and searching any premises, and seizing of any information or material necessary for the execution of his or her mandate in terms of this Act; (b) examining, reproducing, taking extracts from documents or holding information for as long as is necessary, including information found in any premises entered pursuant to paragraph (a); 60. The Information Commissioner, with regard to any matter before him or her, has the powers - (a) to summon, in the prescribed form and manner, heads of organs of State, heads of offices, ministries and agencies of Government, members of board of directors or any other persons as witnesses; (b) to summon expert witnesses where appropriate; (c) to allow interested parties on application to join proceedings; (d) to provide assistance to applicants, where appropriate; (e) to allow parties and witnesses to participate in investigations and hearings through the medium of their choice; 21 (3) When conducting an audit, the Information Commissioner may do any or all of the following - (a) conduct inspections at the premises of the public entity; (b) undertake any investigation he or she considers appropriate in furtherance of an audit; (c) engage with staff of the public entity; (d) request copies of any information and any other related records from the public entity; (e) access any information he or she considers necessary to undertake the audit.	It has both the power to review and to inspect but not to require witnesses to appear before it.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES	2	9(1) The powers of the Information Commissioner include - … (f) requiring a public entity to take such steps as may be necessary to ensure compliance with its obligations in terms of this Act;… (2) In exercising his or her powers, the Information Commissioner has the following functions -...(d) to issue such orders in matters before him or her as he or she considers appropriate... 54(1) The Information Commissioner must, within 14 days of receipt of the appeal under section 53, consider the appeal, and he or she must - (a) accept the appeal and set aside the decision; (b) vary the decision or the type of access granted; or (c) refuse the appeal and confirm the decision, and must notify the requester or third party in writing. (2) If the Information Commissioner decides to grant access to information the notice to the requester must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester or third party may apply to the High Court for review under section 55 against the decision or any order in respect of the reproduction fee, translation fee or transcription fee payable or the form of access and the process for lodging the appeal. (3) Subject to subsection (4), if the Information Commissioner has given notice to the requester that access to information has been granted, the Information Commissioner must immediately give the requester actual access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (4) If the Information Commissioner has on appeal decided to release information containing third party information - (a) the requester may not be granted actual access to the information until such time - (i) any right of the third party to judicial review under section 55 against the decision to release the information has expired; or (ii) any judicial review lodged by the third party has been determined; and (b) the notice to the third party referred to in subsection (1) must state - (i) the reasons for the decision; (ii) that the third party may apply to the High Court in accordance with section 55 for a review of the decision; and (iii) the procedure for lodging the review. (5) If the Information Commissioner has on appeal refused to grant access to information the notice to the requester must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Commissioner; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may apply to the High Court under section 55 for a review of the decision.	Not clearly stated but s. 9(1)(f) combined with description of decisions makes it clear enough for 2 points.
5. Appeals	43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	YES	2	9(1) The powers of the Information Commissioner include - … (f) requiring a public entity to take such steps as may be necessary to ensure compliance with its obligations in terms of this Act;… (2) In exercising his or her powers, the Information Commissioner has the following functions -...(d) to issue such orders in matters before him or her as he or she considers appropriate... 54(1) The Information Commissioner must, within 14 days of receipt of the appeal under section 53, consider the appeal, and he or she must - (a) accept the appeal and set aside the decision; (b) vary the decision or the type of access granted; or (c) refuse the appeal and confirm the decision, and must notify the requester or third party in writing. (2) If the Information Commissioner decides to grant access to information the notice to the requester must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester or third party may apply to the High Court for review under section 55 against the decision or any order in respect of the reproduction fee, translation fee or transcription fee payable or the form of access and the process for lodging the appeal. (3) Subject to subsection (4), if the Information Commissioner has given notice to the requester that access to information has been granted, the Information Commissioner must immediately give the requester actual access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (4) If the Information Commissioner has on appeal decided to release information containing third party information - (a) the requester may not be granted actual access to the information until such time - (i) any right of the third party to judicial review under section 55 against the decision to release the information has expired; or (ii) any judicial review lodged by the third party has been determined; and (b) the notice to the third party referred to in subsection (1) must state - (i) the reasons for the decision; (ii) that the third party may apply to the High Court in accordance with section 55 for a review of the decision; and (iii) the procedure for lodging the review. (5) If the Information Commissioner has on appeal refused to grant access to information the notice to the requester must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Commissioner; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may apply to the High Court under section 55 for a review of the decision.	Could be stated slightly more clearly but enough for 2 points.
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	55. A requester or third party who is not satisfied with the decision of the Information Commissioner made under this Act may apply to the High Court for a review of the decision in terms of the rules of the High Court of Namibia.
5. Appeals	45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES	2	53(1) An appeal to the Information Commissioner under section 52 - (a) must be lodged within 14 days of receipt of the decision of - (i) the head of the information holder or a staff member; or (ii) the information officer in terms of section 51(2)(b) must be lodged in writing or orally with Information Commissioner; (c) must set out particulars of the decision and the grounds for appeal in the prescribed manner; and (d) must be decided by the Information Commissioner or a Deputy Information Commissioner acting as the Information Commissioner or such other person in that acting capacity. (2) If an appeal is lodged orally, the Information Commissioner must ensure that the oral appeal is reduced to writing and provide a copy of the appeal to the requester or third party, if applicable.	Not stated but enough of the procedure described to imply this is the case.
5. Appeals	46	The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	YES	4	47(1) If a requester is not satisfied with a decision of an information officer, the requester may apply for internal review of the decision. 49(3) If the head of the information holder or staff member decides to grant access to information, the notice to the requester referred to in subsection (2) must state ...(c) that the requester may appeal to the Information Commissioner under section 59 against the decision in respect of the reproduction fee, translation fee or transcription fee payable or the form of access, and the process for lodging the appeal. 52(1) If a requester is not satisfied with - (a) the decision of - (i) the head of an information holder or a staff member taken on internal review in terms of section 49; or (ii) the information officer made under section 37; or (b) the failure to make a decision as contemplated in section 41 or 50, the requester may appeal to the Information Commissioner against the decision or the failure to make a decision in accordance with section 53(2) A third party who is not satisfied with the decision of the head of an information holder or a staff member taken on internal review in terms of section 49 granting a requester access to information containing the third party information may appeal to the Information Commissioner against the decision in accordance with section 53.	Form requested and fees mentioned in 49(3)(c) and 52 (referencing 49). Failure to decide/deemed refusals also covered. Other timeline breaches less clear but reference to section 37 in section 52 would suggest this is covered, and already has 4 points from form requested/fees/deemed refusals.
5. Appeals	47	Clear procedures, including timelines, are in place for dealing with external appeals.	Score 1 point for clear procedures, 1 point for timelines.	2	YES	2	54(1) The Information Commissioner must, within 14 days of receipt of the appeal under section 53, consider the appeal, and he or she must - (a) accept the appeal and set aside the decision; (b) vary the decision or the type of access granted; or (c) refuse the appeal and confirm the decision, and must notify the requester or third party in writing. (2) If the Information Commissioner decides to grant access to information the notice to the requester must state - (a) the reproduction fee, translation fee or transcription fee payable, if any; (b) the form in which access is to be given; and (c) that the requester or third party may apply to the High Court for review under section 55 against the decision or any order in respect of the reproduction fee, translation fee or transcription fee payable or the form of access and the process for lodging the appeal. (3) Subject to subsection (4), if the Information Commissioner has given notice to the requester that access to information has been granted, the Information Commissioner must immediately give the requester actual access to the information - (a) if a reproduction fee, translation fee or transcription fee is payable, on payment of the fee; or (b) if a reproduction fee, translation fee or transcription fee is not payable. (4) If the Information Commissioner has on appeal decided to release information containing third party information - (a) the requester may not be granted actual access to the information until such time - (i) any right of the third party to judicial review under section 55 against the decision to release the information has expired; or (ii) any judicial review lodged by the third party has been determined; and (b) the notice to the third party referred to in subsection (1) must state - (i) the reasons for the decision; (ii) that the third party may apply to the High Court in accordance with section 55 for a review of the decision; and (iii) the procedure for lodging the review. (5) If the Information Commissioner has on appeal refused to grant access to information the notice to the requester must state - (a) the reasons for the refusal, based on the contents and substance of the request and the information considered by the Information Commissioner; (b) the specific provisions of this Act on which the refusal is based; and (c) that the requester may apply to the High Court under section 55 for a review of the decision. 56. Before the Information Commissioner commences an investigation or hearing of any matter under this Act he or she must, at least seven days before the start of the investigation or hearing, notify the head of the information holder concerned of - (a) his or her intention to investigate or hear a matter; and (b) the substance of the investigation or hearing. 57(1) On receipt of a notice of investigation or hearing from the Information Commissioner under section 56, the head of the information holder must, within two days, inform the Information Commissioner of all the third parties involved if their particulars have not been provided already. (2) Subject to subsection (1), on receipt of the particulars of the third parties the Information Commissioner must immediately notify the third parties of the investigation or hearing of a matter. 58. In any matter before the Information Commissioner the following persons are entitled to a reasonable opportunity to make representations - (a) the person who made the application, and the requester, if he or she did not make the application; (b) the head of the information holder concerned; (c) a third party, if the information requested contains third party information and the third party can reasonably be located. 59. A hearing before the Information Commissioner is open to the public, except - (a) when, in the view of the Information Commissioner, the circumstances dictate the holding of a hearing in camera; or (b) on good cause shown, a request to hold the hearing in camera is made to the Information Commissioner by any of the parties prior to the hearing and has been so approved by the Commissioner.
5. Appeals	48	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	61(1) An information holder bears the burden of proof in all proceedings relating to investigations and hearings, except where subsection (3) applies. (2) An information holder who refuses to grant access to information as requested has the burden of proving that - (a) such information is exempt from disclosure under this Act; and (b) the harm to the protected interest under the relevant exemption that would result from the release of the information outweighs the public interest. (3) The requester bears the onus of proof if - (a) a request to a private entity is refused on the basis that the information requested does not assist in the exercise or protection of any right; or (b) he or she asserts that no reproduction fee is payable on the basis that - (i) the information requested is in the public interest in terms of section 46(3) (c); or (ii) he or she is indigent in terms of section 46(3)(e).
5. Appeals	49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)	1 for partial, 2 for fully.	2	YES	2	9(1) The powers of the Information Commissioner include - … (f) requiring a public entity to take such steps as may be necessary to ensure compliance with its obligations in terms of this Act;… 21(4) After having concluded an audit, the Information Commissioner must take appropriate action or steps to call for or require the remedying and correction of matters or instances through such means as are fair, proper and effective, including - (a) issuing time-bound recommendations to the public entity; (b) monitoring implementation of his or her recommendations; and (c) investigating reasons for non-compliance with his or her recommendations, if any.	This is somewhat ambiguous in the context of appeals, where it is not directly mentioned. S. 21 requires an audit and then only mentions recommendations, but S. 9(1)(f) clearly affirms this power so full points awarded.
6. Sanctions & Protections	50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	YES	2	81. A person who - (a) destroys, damages or alters information required to be kept or requested in terms of this Act; (b) conceals information requested in terms of this Act; (c) falsifies or manipulates information or provides a false record or document as information requested in terms of this Act; (d) obstructs, interferes or hinders an information officer or any other staff member of a public or private entity in the exercise or performance of his or her powers or functions under or in terms of this Act; (e) obstructs, interferes or hinders the Information Commissioner, Deputy Information Commissioner or his or her staff member or any other person in the exercise or performance of the powers or functions of the Information Commissioner under or in terms of this Act; (f) accesses information exempt from disclosure in terms this Act without relevant authorisation; or (g) assists, directs, proposes, advises or causes any person in any manner to do any act referred to in paragraph (a), (b), (c), (d), (e) or (f), commits an offence and is liable on conviction to a fine not exceeding N$100 000 or imprisonment for a period not exceeding five years, or to both such fine and such imprisonment. 82. If an information officer - (a) without a valid reason, refuses to receive a request for access to information; (b) fails to respond to a request within the period specified in section 37 or if that period has been extended in accordance with section 39 within such extended period; (c) fails to comply with an order of the Information Commissioner; (d) refuses to grant a request for access to information in a frivolous or vexatious conduct; (e) gives incorrect, incomplete or misleading information; or (f) obstructs in any manner the release of information granted, the information officer is liable to an administrative fine of not less than N$2 000 and not more than N$30 000 as the Information Commissioner or any court of law may impose for each day the request is not complied with.	Comprehensive although sanction on accessing info exempt from disclosure troubling
6. Sanctions & Protections	51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	NO	0	N/A	Section 9 indicates powers to issue remedial measures but not impose sanctions and s. 21 audits result in recommendations. No mention of power to sanction institutions.
6. Sanctions & Protections	52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	Partially	1	4. The right of access to information conferred by section 30 is guaranteed based on the following principles that - ... (g) a person who discloses information in good faith is not subject to any sanction except where a relevant law provides otherwise. 84(1) A person is not personally liable for any loss or damage caused by the disclosure or authorisation of the disclosure of any information in good faith in the course of exercising or performing his or her powers or functions under this Act, unless the loss or damage was caused as a result of the gross negligence or unlawful conduct of the person. (2) A staff member of a public or private entity may not be subjected to any detriment in the course of his or her employment by reason of the disclosure or authorisation of the disclosure in good faith of any information under this Act.	Although s. 4(g) contains a protection it contains a major claw-back ("except where a relevant law provides otherwise"). S. 84 provides fairly strong protections but then there is again a clawback if the action is illegal so only one point allocated.
6. Sanctions & Protections	53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	YES	2	Whistleblower Protection Act 10 of 2017
7. Promotional Measures	54	Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES	2	22. (1) The head of every public or private entity must designate a competent and suitable staff member as information officer to exercise and perform the powers and functions of an information officer conferred and imposed by or under this Act. (2) If the head of a public or private entity fails to designate a staff member as information officer, the head of the public or private entity must serve as information officer for the purposes of this Act.
7. Promotional Measures	55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	YES	2	5. (1) In terms of subsection (3), the President must appoint an independent and impartial person as Information Commissioner to promote, monitor and protect the right of access to information in Namibia. 31(1) The Information Commissioner has the mandate to promote public awareness of the right of access to information by educating and training the public on how to use this Act and by popularising the right.	See also s. 9 general functions of Commissioner.
7. Promotional Measures	56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES	2	9(2) In exercising his or her powers, the Information Commissioner has the following functions -...(g) to prepare a plain language guide to this Act to assist users in requesting access to information, and where possible to translate the guide in other languages; 25(1) A public entity must prepare and publish an information manual - (a) within 24 months of the commencement of this Act, in respect of an existing entity; or (b) within 24 months of establishment or registration, in respect of an entity established or registered after the commencement of this Act. (2) The information manual must be - (a) submitted to the Information Commissioner for approval prior to publication and circulation; (b) circulated to the public as prescribed; (c) updated and published whenever material changes to the information occur; and (d) reviewed every fifth year and published if material changes are made. (3) The information manual must include - (a) a description of the structure of the public entity and its objectives, powers and functions; (b) physical and electronic contact details of the information officer and deputy information officers; (c) the plain language guide developed by the Information Commissioner under section 9(2)(g); (d) a description of any arrangement or provision for a person to make recommendations or to otherwise participate in the formulation of policy or the exercise of powers or performance of functions by the public entity; (e) a description of remedies available in respect of an act or omission by the public entity; (f) the manner of payment of reproduction fees, translation fees and transcription fees; and (g) the categories of information that the information holder proactively discloses and those which are made available through the formal request process. (4) A public entity must endeavour to publish its information manual in as many local languages as possible. 31. (1) The Information Commissioner has the mandate to promote public awareness of the right of access to information by educating and training the public on how to use this Act and by popularising the right. (2) In promoting the right of access to information, the Information Commissioner must- (a) assess all implementation plans required in terms of section 24 to ensure that public entities have clear obligations and processes which support awareness raising and education interventions at community level, including disadvantaged groups; (b) consult and collaborate with civil society organisations and interest groups; (c) provide recommendations and guidelines to public entities for internal training of personnel, and provide training on request, if resources are available; (d) monitor internal training of staff within public entities and issue directives for mandatory training, if necessary; (e) assist both requesters and information holders on matters of interpretation and implementation of this Act; (f) develop such materials as he or she thinks necessary to advance the promotion of access to information; and (g) make public and widely disseminate the annual reports of the Information Commissioner.
7. Promotional Measures	57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	Partially	1	24(2) The implementation plan of a public entity contemplated in subsection (1) must include - (e) processes, mechanisms and policies to facilitate and enhance implementation of this Act, including measures to secure optimal responsiveness to requests for information and record management; 32(1) A public entity must produce, keep, organise and manage its information in a manner which facilitates the right of access to information as provided in this Act and any other law. (2) In furtherance of the obligations contemplated in subsection (1), a public entity must - (a) produce information in respect of all its activities, including but not limited to those expressly provided for under section 27; (b) arrange all information in its possession systematically and in a manner that facilitates prompt and easy identification and allocation; and (c) keep all information in its possession in good condition and in a manner that preserves the safety and integrity of its contents. 85. The Minister may make regulations relating to any or all of the following - (e) the creation, keeping, organisation and management of information, including proactive disclosure of information, to facilitate transparency, accountability, good governance and access to information;	Some obligations that authorities develop information management rules and the Minister can enact regulations on this topic, but not comprehensive enough as a records management system for 2 points.
7. Promotional Measures	58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	Partially	1	25(3) The information manual must include - (g) the categories of information that the information holder proactively discloses and those which are made available through the formal request process. 33 (2) A public entity must publish the following information produced by or in relation to the public entity - (d) a list of all the categories of information held by the public entity or under its control; 31(2) In promoting the right of access to information, the Information Commissioner must (c) provide recommendations and guidelines to public entities for internal training of personnel, and provide training on request, if resources are available; (d) monitor internal training of staff within public entities and issue directives for mandatory training, if necessary; 24(2) The implementation plan of a public entity contemplated in subsection (1) must include - (g) steps to secure continued capacity building and compulsory training plans for staff;	just categories of information and no clear requirement to update (although the manual, which is also supposed to contain this info, must be updated)
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	YES	2	31(2) In promoting the right of access to information, the Information Commissioner must - (c) provide recommendations and guidelines to public entities for internal training of personnel, and provide training on request, if resources are available; (d) monitor internal training of staff within public entities and issue directives for mandatory training, if necessary; 24(2) The implementation plan of a public entity contemplated in subsection (1) must include - (g) steps to secure continued capacity building and compulsory training plans for staff;	The IC can issue directives for mandatory training and there's language requiring planning for compulsory training in the implementation plans
7. Promotional Measures	60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES	2	20(1) Subject to subsection (2), every public entity must provide reports to the Information Commissioner on the implementation of this Act for monitoring and evaluation by the Information Commissioner. (2) The Information Commissioner must, after consultation with the public entities, develop and publish guidelines, in the prescribed manner, on the terms and conditions, including the manner, means and timeframes required in relation to reports under this Act. (3) The Information Commissioner may at any time request any further information from a public entity to facilitate and enhance monitoring and may issue an order in writing compelling the provision of such further information. 26. (1) The head of a public entity must annually, within the prescribed period but not later than the end of April of each year, submit to the Information Commissioner a report, in relation to the public entity, stating in respect of the preceding year - (a) the number of requests for access to information refused -(i) in full; and (ii) in part; (b) the number of times each provision of Part 9 was relied on to refuse access to information in full or in part; (c) the number of cases in which the periods stipulated in section 37 were extended in terms of section 39; (d) the number of applications for internal review lodged; (e) the number of appeals lodged on the ground that a request for access was deemed as having been refused in terms of section 41; (f) the number of cases in which, as a result of an internal review, access to information was refused; (g) the number of appeals to the Information Commissioner and the outcome of those appeals; (h) the number of judicial reviews lodged with an appropriate court and the outcome of those reviews;
7. Promotional Measures	61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	YES	2	18(1) As soon as practicable, but not later than three months after the end of each financial year, the Information Commissioner must prepare and submit to the Minister a report concerning the activities of the office of the Commissioner during such financial year for tabling in the National Assembly. (2) The report must include - (a) the state of implementation of access to information in terms of this Act; (b) the findings of any audit undertaken; and (c) offences reported or prosecuted that have been noted during investigations under this Act.	Sufficient for 2 points but more detail as to the content of the report would be useful.

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Namibia

Introduction

1. Right of Access

1. Right of Access

1. Right of Access

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures