South Africa

Name of law: Promotion of Access to Information Act
First adopted: 2000
Last modified: 2020-05
RTI Rating last updated: 2023-07

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Introduction

South Africa’s RTI law has several strengths in many key categories. Most notably, the legislation provides a nearly perfect appeals system, within which there is both a very well detailed procedure for internal reconsideration through the public authority and a strong administrative oversight body with independence-based safeguards. This external entity, known as the Information Regulator, also has a well-defined mandate for promoting the right to information in the South African civil society. Other areas of strength include the strong constitutional recognition of the right to information and a relatively robust series of provisions relating to requesting procedures. The law could be improved further by instituting both a harm-test and mandatory public interest override in the exceptions regime and broaden the law’s scope to apply to more public authorities.

Local Expert: Mukelani Dimba

id	Section	Points	Max score
1	Right of Access	6	6
2	Scope	22	30
3	Requesting Procedures	19	30
4	Exceptions & Refusal	23	30
5	Appeals	28	30
6	Sanctions & Protections	6	8
7	Promotional Measures	14	16
		∑ = 118	∑ = 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	YES	2	32(1) Everyone has the right of access to- (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.	Link to 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	11(1) A requester must be given access to a record of a public body if— (a) that requester complies with all the procedural requirements in this Act relating to a request for access to that record; and (b) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
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	YES	2	Preamble: AND IN ORDER TO— * foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information; * actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights; 9. The objects of this Act are— (c) to give effect to the constitutional obligations of the State of promoting a human rights culture and social justice, by including public bodies in the definition of ‘‘requester’’, allowing them, amongst others, to access information from private bodies upon compliance with the four requirements in this Act, including an additional obligation for certain public bodies in certain instances to act in the public interest; … and (e) generally, to promote transparency, accountability and effective governance of all public and private bodies by, including, but not limited to, empowering and educating everyone— (i) to understand their rights in terms of this Act in order to exercise their rights in relation to public and private bodies; (ii) to understand the functions and operation of public bodies; and (iii) to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights. 2(1) When interpreting a provision of this Act, every court must prefer any reasonable interpretation of the provision that is consistent with the objects of this Act over any alternative interpretation that is inconsistent with those objects.
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	1. ‘‘person’’ means a natural person or a juristic person.
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. ‘‘record’’ of, or in relation to, a public or private body, means any recorded information— (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively;
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. ‘‘record’’ of, or in relation to, a public or private body, means any recorded information— (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively;	Not sufficiently clear that you can ask for information as well as records.
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	6	1. ‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; 12. This Act does not apply to a record of— (a) the Cabinet and its committees;... or (c) an individual member of Parliament or of a provincial legislature in that capacity.	Excludes Cabinet and members of parliament and not clear that it covers all subordinate bodies
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	Partially	3	1. ‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; 12. This Act does not apply to a record of— (c) an individual member of Parliament or of a provincial legislature in that capacity.	Excludes and members of parliament
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	‘‘public body’’ means— ... (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation; 12. This Act does not apply to a record of— (b) the judicial functions of— (i) a court referred to in section 166 of the Constitution; (ii) a Special Tribunal established in terms of section 2 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996); or (iii) a judicial officer of such court or Special Tribunal; 12. This Act does not apply to a record-... (d) relating to a decision referred to in paragraph (gg) of the definition of “administrative action” in section 1 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law.
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	‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;	Only covers companies to the extent they are exercising a constitutional or statutory power
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	‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;
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	Partially	1	‘‘public body’’ means— (a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or (b) any other functionary or institution when— (i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or (ii) exercising a public power or performing a public function in terms of any legislation;	Not public funding and only public functions if pursuant to legislation.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES	2	11(3) A requester’s right of access contemplated in subsection (1) is, subject to this Act, not affected by— (a) any reasons the requester gives for requesting access; or (b) the information officer’s belief as to what the requester’s reasons are for requesting access.
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	YES	2	18. (1) A request for access must be made in the prescribed form to the information officer of the public body concerned at his or her address or fax number or electronic mail address. (2) The form for a request of access prescribed for the purposes of subsection (1) must at least require the requester concerned— (a) to provide sufficient particulars to enable an official of the public body concerned to identify— (i) the record or records requested; and (ii) the requester; (b) to indicate which applicable form of access referred to in section 29(2) is required; (c) to state whether the record concerned is preferred in a particular language; (d) to specify a postal address or fax number of the requester in the Republic;	Bit limited in terms of requiring an address or fax in South Africa
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	18. (1) A request for access must be made in the prescribed form to the information officer of the public body concerned at his or her address or fax number or electronic mail address.	Must be made using the prescribed form.
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	19. (1) If a requester informs the information officer of— (a) a public body that he or she wishes to make a request for access to a record of that public body; or (b) a public body (other than a public body referred to in paragraph (a) or (b)(i) of the definition of ‘‘public body’’ in section1) that he or she wishes to make a request for access to a record of another public body, the information officer must render such reasonable assistance, free of charge, as is necessary to enable that requester to comply with section 18(1). (2) If a requester has made a request for access that does not comply with section 18(1), the information officer concerned may not refuse the request because of that non-compliance unless the information officer has— (a) notified that requester of an intention to refuse the request and stated in the notice— (i) the reasons for the contemplated refusal; and (ii) that the information officer or another official identified by the information officer would assist that requester in order to make the request in a form that would remove the grounds for refusal; (b) given the requester a reasonable opportunity to seek such assistance; (c) as far as reasonably possible, furnished the requester with any information (including information about the records, other than information on the basis of which a request for access may or must be refused in terms of any provision of Chapter 4 of this Part, held by the body which are relevant to the request) that would assist the making of the request in that form; and (d) given the requester a reasonable opportunity to confirm the request or alter it to comply with section 18(1).
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	18(3)(a) An individual who because of illiteracy or a disability is unable to make a request for access to a record of a public body in accordance with subsection (1), may make that request orally. (b) The information officer of that body must reduce that oral request to writing in the prescribed form and provide a copy thereof to the requester.
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	NO	0	N/A	Not mentioned.
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	20. (1) If a request for access is made to the information officer of a public body in respect of which— (a) the record is not in the possession or under the control of that body but is in the possession of another public body; (b) the record’s subject matter is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; or (c) the record contains commercial information contemplated in section 42 in which any other public body has a greater commercial interest, the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received— (i) transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and (ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer. (2) If a request for access is made to the information officer of a public body in respect of which— (a) the record is not in the possession or under the control of the public body of that information officer and the information officer does not know which public body has possession or control of the record; (b) the record’s subject matter is not closely connected to the functions of the public body of that information officer and the information officer does not know whether the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; and (c) the record— (i) was created by or for another public body; or (ii) was not so created by or for any public body, but was received first by another public body, the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be. (3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request. (4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred. (5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of— (a) the transfer; (b) the reasons for the transfer; and (c) the period within which the request must be dealt with.	The law provides for transfers but also allows transfers if the information is more closely associated with another body.
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	YES	2	29. (1) If a requester has been given notice in terms of section 25(1) that his or her request for access has been granted, that requester must, subject to subsections (3) and (9) and section 31— (a) if an access fee is payable, upon payment of that fee; or (b) if no access fee is payable, immediately, be given access in the applicable forms referred to in subsection (2) as the requester indicated in the request, and in the language contemplated in section 31. (2) The forms of access to a record in respect of which a request of access has been granted, are the following: (a) If the record is in written or printed form, by supplying a copy of the record or by making arrangements for the inspection of the record; (b) if the record is not in written or printed form— (i) in the case of a record from which visual images or printed transcriptions of those images are capable of being reproduced by means of equipment which is ordinarily available to the public body concerned, by making arrangements to view those images or be supplied with copies or transcriptions of them; (ii) in the case of a record in which words or information are recorded in such manner that they are capable of being reproduced in the form of sound by equipment which is ordinarily available to the public body concerned— (aa) by making arrangements to hear those sounds; or (bb) if the public body is capable of producing a written or printed transcription of those sounds by the use of equipment which is ordinarily available to it, by supplying such a transcription; (iii) in the case of a record which is held on computer, or in electronic or machine-readable form, and from which the public body concerned is capable of producing a printed copy of— (aa) the record, or a part of it; or (bb) information derived from the record, by using computer equipment and expertise ordinarily available to the public body, by supplying such a copy; (iv) in the case of a record available or capable of being made available in computer readable form, by supplying a copy in that form; or (v) in any other case, by supplying a copy of the record. (3) If a requester has requested access in a particular form, access must, subject to section 28, be given in that form, unless to do so would— (a) interfere unreasonably with the effective administration of the public body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not owned by the State or the public body concerned. (4) If a requester has requested access in a particular form and for a reason referred to in subsection (3) access in that form is refused but access is given in another form, the fee charged may not exceed what would have been charged if that requester had been given access in the form requested. (5) If a requester with a disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the public body concerned, the information officer of the body must, if that requester so requests, take reasonable steps to make the record available in a form in which it is capable of being read, viewed or heard by the requester. (6) If a record is made available in accordance with subsection (5), the requester may not be required to pay an access fee which is more than the fee which he or she would have been required to pay but for the disability.
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	25. (1) The information officer to whom a request for access is made or transferred, must, subject to section 26 and Chapter 5 of this Part, as soon as reasonably possible, but in any event within 30 days, after the request is received— (a) decide in accordance with this Act whether to grant the request; and (b) notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
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	25. (1) The information officer to whom a request for access is made or transferred, must, subject to section 26 and Chapter 5 of this Part, as soon as reasonably possible, but in any event within 30 days, after the request is received— (a) decide in accordance with this Act whether to grant the request; and (b) notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
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	26. (1) The information officer to whom a request for access has been made or transferred, may extend the period of 30 days referred to in section 25(1) (in this section referred to as the ‘‘original period’’) once for a further period of not more than 30 days, if— (a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned; (b) the request requires a search for records in, or collection thereof from, an office of the public body not situated in the same town or city as the office of the information officer that cannot reasonably be completed within the original period; (c) consultation among divisions of the public body or with another public body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original period; (d) more than one of the circumstances contemplated in paragraphs (a), (b) and (c) exist in respect of the request making compliance with the original period not reasonably possible; or (e) the requester consents in writing to such extension. (2) If a period is extended in terms of subsection (1), the information officer must, as soon as reasonably possible, but in any event within 30 days, after the request is received or transferred, notify the requester of that extension. (3) The notice in terms of subsection (2) must state— (a) the period of the extension; (b) adequate reasons for the extension, including the provisions of this Act relied upon; and (c) (c) that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	NO	0	2001 Regulations Relating to the Promotion of Access to Information, 3(2) The request fee payable by every requester, other than a personal requester, referred to in section 22(1) of the Act, is R 35,00. 5(2) The request fee payable by every requester, other than a personal requester, referred to in section 54(1) of the Act, is R 50,00.
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	NO	0	22. (1) The information officer of a public body to whom a request for access is made, must by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request. (2) If— (a) the search for a record of a public body in respect of which a request for access by a requester, other than a personal requester, has been made; and (b) the preparation of the record for disclosure (including any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)), would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester, other than a personal requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted. (3) The notice referred to in subsection (1) or (2) must state— (a) the amount of the deposit payable in terms of subsection (2), if applicable; (b) that the requester may lodge an internal appeal or an application with a court, as the case may be, against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and (c) the procedure (including the period) for lodging the internal appeal or application, as the case may be. (4) If a deposit has been paid in respect of a request for access which is refused, the information officer concerned must repay the deposit to the requester. (5) The information officer of a public body must withhold a record until the requester concerned has paid the applicable fees (if any). (6 )A requester whose request for access to a record of a public body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7)(a) and (b), respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure. (7) Access fees prescribed for the purposes of subsection (6) must provide for a reasonable access fee for— (a) the cost of making a copy of a record, or of a transcription of the content of a record, as contemplated in section 29(2)(a) and (b)(i), (ii)(bb), (iii) and (v) and, if applicable, the postal fee; and (b) the time reasonably required to search for the record and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure to the requester. (8) The Minister may, by notice in the Gazette— (a) exempt any person or category of persons from paying any fee referred to in this section; (b) determine that any fee referred to in this section is not to exceed a certain maximum amount; (c) determine the manner in which any fee referred to in this section is to be calculated; (d) determine that any fee referred to in this section does not apply to a category of records; (e) exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and (f) determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.	Fees are centrally set, per the 2001 Regulations However, authorities can charge a fee for location and collection, and no pages are provided for free.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	YES	2	22. (8) The Minister may, by notice in the Gazette— (a) exempt any person or category of persons from paying any fee referred to in this section; (b) determine that any fee referred to in this section is not to exceed a certain maximum amount; (c) determine the manner in which any fee referred to in this section is to be calculated; (d) determine that any fee referred to in this section does not apply to a category of records; (e) exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and (f) determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.	The minister may waive fees for anyone they choose –and supplementary regulations target this towards impecunious requesters.
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	NO	0	N/A	Not mentioned.
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	YES	4	5. This Act applies to the exclusion of any provision of other legislation that— (a) prohibits or restricts the disclosure of a record of a public body or private body; and (b) is materially inconsistent with an object, or a specific provision, of this Act.
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	See ss. 34-44 (too long to paste in).	s. 43, on third party research, and s. 44, on internal information, are overly 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	Partially	2	See ss. 34-44 (too long to paste in).	s. 35: South African Revenue Service; 41 supplied in confidence by a State or IGO
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	46. Despite any other provision of this Chapter, the information officer of a public body must grant a request for access to a record of the body contemplated in section 34(1), 36(1), 37(1)(a) or (b), 38(a) or (b), 39(1)(a) or (b), 40, 41(1)(a) or (b), 42(1) or (3), 43(1) or (2), 44(1) or (2) or 45, if— (a) the disclosure of the record would reveal evidence of— (i) a substantial contravention of, or failure to comply with, the law; or (ii) an imminent and serious public safety or environmental risk; and (b) the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.	Applies to most provisions but not all and only works for certain categories of public interest (illegal acts, public safety or environmental issues).
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	Partially	1	41(3) A record may not be refused in terms of subsection (1)(a)(iii) if it came into existence more than 20 years before the request. 44(3) A record may not be refused in terms of subsection (1) if the record came into existence more than 20 years before the request concerned.	Sunset clauses only in s. 41(3) and 44l.
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	47. (1) The information officer of a public body considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1) must take all reasonable steps to inform a third party to whom or which the record relates of the request. (2) The information officer must inform a third party in terms of subsection (1)— (a) as soon as reasonably possible, but in any event, within 21 days after that request is received or transferred; and (b) by the fastest means reasonably possible. (3) When informing a third party in terms of subsection (1), the information officer must— (a) state that he or she is considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be, and describe the content of the record; (b) furnish the name of the requester; (c) describe the provisions of section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be; (d) in any case where the information officer believes that the provisions of section 46 might apply, describe those provisions, specify which of the circumstances referred to in section 46(a) in the opinion of the information officer might apply and state the reasons why he or she is of the opinion that section 46 might apply; and (e) state that the third party may, within 21 days after the third party is informed—(i) make written or oral representations to the information officer why the request for access should be refused; or (ii) give written consent for the disclosure of the record to the requester. (4) If a third party is not informed orally of a request for access in terms of subsection (1), the information officer must give a written notice stating the matters referred to in subsection (3) to the third party. 48. (1) A third party that is informed in terms of section 47(1) of a request for access, may, within 21 days after the third party has been informed— (a) make written or oral representations to the information officer concerned why the request should be refused; or (b) give written consent for the disclosure of the record to the requester concerned.
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	28. (1) If a request for access is made to a record of a public body containing information which may or must be refused in terms of any provision of Chapter 4 of this Part, every part of the record which— (a) does not contain; and (b) can reasonably be severed from any part that contains, any such information must, despite any other provision of this Act, be disclosed. (2) If a request for access to— (a) a part of a record is granted; and (b) the other part of the record is refused, as contemplated in subsection (1), the provisions of section 25(2), apply to paragraph (a) of this section and the provisions of section 25(3) to paragraph (b) of this section.
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	25(3) If the request for access is refused, the notice in terms of subsection (1)(b) must— (a) state adequate reasons for the refusal, including the provisions of this Act relied upon; (b) exclude, from such reasons, any reference to the content of the record; and (c) state that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
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	Partially	1	74. (1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1— (a) to refuse a request for access; or (b) taken in terms of section 22, 26(1) or 29(3), in relation to that requester with the relevant authority. (2) A third party may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1 to grant a request for access. 74 (3) (a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any). 75. (1) An internal appeal— (a) must be lodged in the prescribed form— (i) within 60 days; (ii) if notice to a third party is required by section 49(1)(b), within 30 days after notice is given to the appellant of the decision appealed against or, if notice to the appellant is not required, after the decision was taken; (b) must be delivered or sent to the information officer of the public body concerned at his or her address, fax number or electronic mail address; (c) must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known to the appellant; (d) if, in addition to a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed; (e) if applicable, must be accompanied by the prescribed appeal fee referred to in subsection (3); and (f) must specify a postal address or fax number. (2)(a) If an internal appeal is lodged after the expiry of the period referred to in subsection (1)(a), the relevant authority must, upon good cause shown, allow the late lodging of the internal appeal. (b) If that relevant authority disallows the late lodging of the internal appeal, he or she must give notice of that decision to the person that lodged the internal appeal. (3)(a) A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any). (b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision on the internal appeal may be deferred until the fee is paid. (4) As soon as reasonably possible, but in any event within 10 working days after receipt of an internal appeal in accordance with subsection (1), the information officer of the public body concerned must submit to the relevant authority— (a) the internal appeal together with his or her reasons for the decision concerned; and (b) if the internal appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party that must be notified in terms of section 47(1) of the request. 2001 Regulations Relating to the Promotion of Access to Information, 7. The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his or her request for access, as contemplated in section 75(3) (a) of the Act is R 50.00	There is an internal appeal, but it is not free.
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	77A Complaints (1) A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); (c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1- (i) to refuse a request for access; or (ii) taken in terms of section 22, 26 (1) or 29 (3); or (d) aggrieved by a decision of the head of a private body- (i) to refuse a request for access; or (ii) taken in terms of section 54, 57 (1) or 60, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. (3) A third party- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1 to grant a request for access; or (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.
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	YES	2	Appointment 41(2)(a) [of the Protection of Personal Information Act, 2013] The Chairperson and the members of the Regulator referred to in subsection (1)(a) must be appointed by the President on the recommendation of the National Assembly, which recommendation must also indicate which ordinary members must be appointed in a full-time or part-time capacity. (b) The National Assembly must recommend persons— (i) nominated by a committee of the Assembly composed of members of parties represented in the Assembly; and (ii) approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly. (5) A person appointed as a member of the Regulator may, upon written notice to the President, resign from office. (6) (a) A member may be removed from office only on— (i) the ground of misconduct, incapacity or incompetence; (ii) a finding to that effect by a committee of the National Assembly; and (iii) the adoption by the National Assembly of a resolution calling for that person’s removal from office. (b) A resolution of the National Assembly concerning the removal from office of a member of the Regulator must be adopted with a supporting vote of a majority of the members of the Assembly. (c) The President— (i) may suspend a member from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that member; and (ii) must remove a member from office upon adoption by the Assembly of the resolution calling for that member’s removal.
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	40(1) [of the Protection of Personal Information Act, 2013] The powers, duties and functions of the regulator pursuant to this Act are-(b) to monitor and enforce compliance by - (v) submitting a report to Parliament, within five months of the end of its financial year, on all its activities in terms of this Act during that financial year; (vii) monitoring the use of unique identifiers of data subjects, and reporting to Parliament from time to time on the results of that monitoring, including any recommendation relating to the need of, or desirability of taking, legislative, administrative, or other action to give protection, or better protection, to the personal information of a data subject; 52(1) [of the Protection of Personal Information Act, 2013] Funds of the Regulator consist of— (a) such sums of money that Parliament appropriates annually, for the use of the Regulator as may be necessary for the proper exercise, performance and discharge, by the Regulator, of its powers, duties and functions under this Act and the Promotion of Access to Information Act; and
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	41 (1) (a) [of the Protection of Personal Information Act, 2013] The Regulator consists of the following members: (i) A Chairperson; and (ii) four other persons, as ordinary members of the Regulator. (b) Members of the Regulator must be appropriately qualified, fit and proper persons— (i) at least one of whom must be appointed on account of experience as a practising advocate or attorney or a professor of law at a university; and (ii) the remainder of whom must be appointed on account of any other qualifications, expertise and experience relating to the objects of the Regulator. (g) A person may not be appointed as a member of the Regulator if he or she— (i) is not a citizen of the Republic; (ii) is a public servant; (iii) is a member of Parliament, any provincial legislature or any municipal council; (iv) is an office-bearer or employee of any political party; (v) is an unrehabilitated insolvent; (vi) has been declared by a court to be mentally ill or unfit; or (vii) has at any time been convicted, whether in the Republic or elsewhere, of any offence involving dishonesty.
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	Investigation proceedings of Regulator 81. [of the Protection of Personal Information Act, 2013] For the purposes of the investigation of a complaint the Regulator may— (a) summon and enforce the appearance of persons before the Regulator and compel them to give oral or written evidence on oath and to produce any records and things that the Regulator considers necessary to investigate the complaint, in the same manner and to the same extent as the High Court; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath, by affidavit or otherwise, that the Regulator sees fit, whether or not it is or would be admissible in a court of law; (d) at any reasonable time, subject to section 81, enter and search any premises occupied by a responsible party; (e) conduct a private interview with any person in any premises entered under section 84 subject to section 82; and (f) otherwise carry out in those premises any inquiries that the Regulator sees fit in terms of section 82.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES	2	77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice- (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by- (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator. 77K Non-compliance with Enforcement Notice An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.
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	77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice- (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by- (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator. 77K Non-compliance with Enforcement Notice An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	78 Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator (1) A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances: (a) After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or (b) after that requester or third party has exhausted the complaints procedure referred to in section 77A. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); ... may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
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	N/A	The process appears to be structured such that no lawyer is required. There is some mention of fees in the Protection of Personal Information Act s. 63(3), but this seems to complaints regarding personal information.
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	74. (1) A requester may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of ‘‘public body’’ in section 1— (a) to refuse a request for access; or (b) taken in terms of section 22, 26(1) or 29(3), in relation to that requester with the relevant authority. 77A Complaints (1) A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74. (2) A requester- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75 (2); (c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1- (i) to refuse a request for access; or (ii) taken in terms of section 22, 26 (1) or 29 (3); or (d) aggrieved by a decision of the head of a private body- (i) to refuse a request for access; or (ii) taken in terms of section 54, 57 (1) or 60, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief. (3) A third party- (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of 'public body' in section 1 to grant a request for access; or (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body, may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.
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	77B Modes of complaints to Regulator (1) A complaint to the Information Regulator must be made in writing. (2) The Information Regulator must give such reasonable assistance as is necessary in the circumstances to enable a person, who wishes to make a complaint to the Information Regulator, to put the complaint in writing. 77C Action on receipt of complaint (1) The Information Regulator, after receipt of a complaint made in terms of section 77A, must- (a) investigate the complaint in the prescribed manner; (b) refer the complaint to the Enforcement Committee established in terms of section 50 of the Protection of Personal Information Act, 2013; or (c) decide, in accordance with section 77D, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint. (2) During the investigation the Information Regulator may- (a) act, where appropriate, as conciliator in relation to such complaint in the prescribed manner; or (b) take such further action as is contemplated by this Chapter. (3) The Information Regulator must, as soon as is reasonably practicable, after receipt of a complaint, advise the complainant and the information officer or head of a private body, as the case may be, to whom the complaint relates of the course of action that the Information Regulator proposes to adopt under subsection (1). 77D Regulator may decide to take no action on complaint (1) The Information Regulator, after investigating a complaint received in terms of section 77A, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Information Regulator's opinion- (a) the complaint has not been submitted within the period referred to in section 77A (2) and there are no reasonable grounds to condone the late submission; (b) the complaint is frivolous or vexatious or is not made in good faith; or (c) it appears to the Information Regulator that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. (2) In any case where the Information Regulator decides to take no action, or no further action, on a complaint, the Information Regulator must inform the complainant of that decision and the reasons for it. 77E Pre-investigation proceedings of Regulator Before proceeding to investigate any matter in terms of this Chapter, the Information Regulator must, in the prescribed manner, inform- (a) the complainant of the Information Regulator's intention to conduct the investigation; and (b) the information officer of the public body or the head of the private body, as the case may be, to whom the complaint relates of the- (i) details of the complaint; and (ii) right of the information officer or the head to submit to the Information Regulator, within a reasonable period, a written response in relation to the complaint. 77F Settlement of complaints If it appears from a complaint, or any written response made in relation to a complaint under section 77E (b) (ii), that it may be possible to secure a settlement between the parties concerned, the Information Regulator may, without investigating the complaint or, as the case may be, investigating the complaint further, in the prescribed manner, use its best endeavours to secure such a settlement. 77G Investigation proceedings of Regulator (1) For the purposes of the investigation of a complaint the Information Regulator has powers similar to those of the High Court in terms of section 80 relating to the disclosure of records to it and non-disclosure of records by it. (2) Section 81 of the Protection of Personal Information Act, 2013, applies to the investigation of complaints in terms of this Chapter. 97. (1) A responsible party on whom an information or enforcement notice has been served may, within 30 days of receiving the notice, appeal to the High Court having jurisdiction for the setting aside or variation of the notice. (2) A complainant, who has been informed of the result of the investigation in terms of section 77(3) or 96, may, within 180 days of receiving the result, appeal to the High Court having jurisdiction against the result
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	81 (1) For the purposes of this Chapter proceedings on application in terms of section 78 are civil proceedings. (2) The rules of evidence applicable in civil proceedings apply to proceedings on application in terms of section 78. (3) The burden of establishing that- (a) the refusal of a request for access; or (b) any decision taken in terms of section 22, 26 (1), 29 (3), 54, 57 (1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.
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	Partially	1	77J Enforcement Notice (1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice- (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice. (2) A notice in terms of subsection (1) must be accompanied by- (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part. (3) Section 95 (3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter. (4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator.	Appears to have the power to order structural remedies.
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	90(1) A person who with intent to deny a right of access in terms of this Act— (a) destroys, damages or alters a record; (b) conceals a record; or (c) falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
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	Not mentioned.
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	YES	2	89 No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 79.
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	N/A	Separate whistleblower act.
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	17. (1) For the purposes of this Act, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records. (2) The information officer of a public body has direction and control over every deputy information officer of that body. See also the definition of "information officer" in s. 1.
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	83 Additional functions of Information Regulator (1) The Information Regulator must- (a) compile and make available a guide on how to use this Act as contemplated in section 10; and (b) submit reports to the National Assembly as contemplated in section 84. (2) The Information Regulator must, to the extent that financial and other resources are available- (a) develop and conduct educational programmes to advance the understanding of the public, in particular of disadvantaged communities, of this Act and of how to exercise the rights contemplated in this Act; (b) encourage public and private bodies to participate in the development and conduct of programmes referred to in paragraph (a) and to undertake such programmes themselves; and (c) promote timely and effective dissemination of accurate information by public bodies about their activities. (3) The Information Regulator may- (a) make recommendations for- (i) the development, improvement, modernisation, reform or amendment of this Act or other legislation or common law having a bearing on access to information held by public and private bodies, respectively
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	10 Guide on how to use Act (1) The Information Regulator must update and make available the existing guide that has been compiled by the South African Human Rights Commission containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act and the Protection of Personal Information Act, 2013. (2) The guide must, without limiting the generality of subsection (1), include a description of- (a) the objects of this Act and the Protection of Personal Information Act, 2013; (b) the manner and form of a request for- (i) access to a record of a public body contemplated in section 11; and (ii) access to a record of a private body contemplated in section 50; (c) the assistance available from the information officer of a public body in terms of this Act and the Protection of Personal Information Act, 2013; (d) the assistance available from the Information Regulator in terms of thisAct and the Protection of Personal Information Act, 2013; (e) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act and the Protection of Personal Information Act, 2013, including the manner of lodging- (i) an internal appeal; (ii) a complaint to the Information Regulator; and (iii) an application with a court against a decision by the information officer of a public body, a decision on internal appeal, a decision by the Information Regulator or a decision of the head of a private body; (f) the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual; (g) the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively; (h) the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and the regulations made in terms of section 92. (3) The Information Regulator must, if necessary, update and publish the guide at intervals of not more than two years. (4) The guide must be made available as prescribed.	See also s 14(1), which contains a parallel requirement for Information Officers.
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	YES	2	National Archives and Record Service of South Africa Act 43 of 1996, 13. (1) Subject to the provisions of this Act, the National Archivist shall be charged with the proper management and care of public records in the custody of governmental bodies. (b) the National Archivist shall- . . (i) determine records classification systems to be applied by ·governmental bodies;· · · · ·· (ii) determine the conditions subject to which records may be microfilmed or electronically reproduced; and · 35 (iii) determine the conditions subject to which electronic records systems should be managed; (c) the National Archivist shall inspect public records in so far as such inspection may be necessary for the performance of his or her functions under this Act: Provided that the inspection of public records which contain information the 40 disclosure of which is restricted by any other Act of Parliament shall be done only with the consent of the head of the governmental body concerned. (3) The Minister may make regulations as to the management and care of public records in the custody of governmental bodies. (4) The National Archivist may from time to time issue directives and instructions, 45 which shall not be inconsistent with the regulations, as to the management and care of public records in the custody of governmental bodies. (5) (a) The head of a governmental body shall, subject to any law governing the employment of personnel of the governmental body concerned and such requirements as may be prescribed, designate an official. of the body to be the records manager of the 50 body. (b) The records manager shall be responsible to see to it that the governmental body complies with the requirements of this Act. . . (c) Additional powers and functions may be prescribed to a records manager.
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	14. (1)Within six months after the commencement of this section or the coming into existence of a public body, the information officer of the public body concerned must compile in at least three official languages a manual containing— (d) sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;	Only categories of records
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	Partially	1	83(3) The Information Regulator may (e) train information officers and deputy information officers of public bodies;	May train but is not required to
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	32 Reports to Information Regulator The information officer of each public body must annually submit to the Information Regulator a report stating in relation to the public body- (a) the number of requests for access received; (b) the number of requests for access granted in full; (c) the number of requests for access granted in terms of section 46; (d) the number of requests for access refused in full and refused partially and the number of times each provision of this Act was relied on to refuse access in full or partial; (e) the number of cases in which the periods stipulated in section 25 (1) were extended in terms of section 26 (1); (f) the number of internal appeals lodged with the relevant authority and the number of cases in which, as a result of an internal appeal, access was given to a record; (g) the number of internal appeals which were lodged on the ground that a request for access was regarded as having been refused in terms of section 27; the number of applications to a court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77 (7); and (h) such other matters as may be prescribed.
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	84 Report to National Assembly by Information Regulator The Information Regulator must include in its annual report to the National Assembly referred to in section 181 (5) of the Constitution- (a) any recommendation in terms of section 83 (3) (a); and (b) in relation to each public body, particulars of- (i) the number of requests for access received; (ii) the number of requests for access granted in full; (iii) the number of requests for access granted in terms of section 46; (iv) the number of requests for access refused in full and refused partially and the number of times each provision of this Act was relied on to refuse access in full or partially; (v) the number of cases in which the periods stipulated in section 25 (1) were extended in terms of section 26 (1); (vi) the number of internal appeals lodged with the relevant authority and the number of cases in which, as a result of an internal appeal, access was given to a record or a part thereof; (vii) the number of internal appeals which were lodged on the ground that a request for access was regarded as having been refused in terms of section 27; (viii) the number of applications made to every court and the outcome thereof and the number of decisions of every court appealed against and the outcome thereof; (ix) the number of applications to every court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77 (7); (x) the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act and the nature and outcome thereof; and (xi) such other matters as may be prescribed.

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South Africa

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