Freedom of Information

(a)

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(b) if the disclosure of the information could reasonably be expected to
frustrate the deliberative process in the public entity, public commercial
entity or statutory office by inhibiting the candid—
(i) communication of an opinion, advice, report or recommendation;
or
(ii) conduct of a consultation, discussion or deliberation.

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(c)
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if the information contains an opinion, advice, report or recommendation
obtained or prepared, or an account of a consultation, discussion or
deliberation that has occurred (including, but not limited to, minutes of
a meeting)—
(i) for the purpose of assisting to formulate a policy; or
(ii) to take a decision in the exercise of a power or performance of a
duty; or

if the disclosure of the information could, by premature disclosure of a
policy or contemplated policy, reasonably be expected to frustrate the
success of that policy.

(2) Subject to subsection (4), an information officer of a public entity, public
commercial entity or holder of a statutory office may refuse a request for access to
information of the entity concerned if—
(a) the disclosure of the information could reasonably be expected to
jeopardise the effectiveness of a testing, examining or auditing procedure
or method used by the public entity; or
(b) the information contains evaluative material, whether or not the person
who supplied it is identified, and the disclosure of the material would
breach an express or implied undertaking which was—
(i) made to the person who supplied the material; and
(ii) to the effect that the material or the identity of the person who
supplied it, or both, would be held in confidence;
		or
(c) the information contains a preliminary, working or other draft of an official
of a public entity.
(3) Access to information may not be refused in terms of subsection (1) if the
information came into existence more than twenty years before the request concerned.

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(4) Access to information may not be refused in terms of subsection (1) or (2)
insofar as it consists of an account of, or a statement of reasons required to be given
in accordance with the Administrative Justice Act [Chapter 10:28].
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Manifestly frivolous or vexatious requests, or requests involving
substantial and unreasonable diversion of resources

(1) An information officer of an entity may refuse a request for access to
information if—
(a) the request is manifestly frivolous or vexatious; or
(b) the work involved in processing the request would substantially and
unreasonably divert the resources of the entity.
(2) The information officer shall notify the applicant accordingly, giving reasons
why the request is considered to fall within either of the descriptions referred to in
subsection (1).

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