Gronde vir die weiering van toegang tot inligting soos van toepassing op openbare instellings (deel II)
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Date
Authors
Roberts, B.
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Law, University of the Free State
Abstract
Showing abstract in English
English: The right of access to information as contained in section 32 of the Constitution of the
Republic of South Africa, is not an absolute right. It has to be limited in order to protect
sensitive material of which the disclosure may cause damage to individual or public
interests. In light of this, the Promotion of Access to Information Act 2 of 2000 (PAIA)
contains a number of legitimate grounds for the refusal of information. Part I of this
article provided an explanation of the structure of the grounds for refusal, looked at
the principles relevant to their correct interpretation and continued with an analysis of
the first six grounds as contained in the PAIA. In part II, the remainder of the grounds
for refusal that are applicable to public institutions, are examined (sections 40 to 46).
These grounds, amongst others, relate to records concerning the defence, security,
international relations and economic and financial welfare of the Republic, records that
reveal research information of a third party or a public institution and records concerning
the operations of public institutions. As was the case in part I, the grounds are analysed
with reference to corresponding provisions of the American Freedom of Information Act,
the Canadian Access to Information Act, the New Zealand Official Information Act and
the Australian Freedom of Information Act.
Description
Citation
Roberts, B. (2008). Gronde vir die weiering van toegang tot inligting soos van toepassing op openbare instellings (deel II). Journal for Juridical Science, 33(1), 23-41.