Freedom of Information (a) 5 (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. 10 (c) 15 20 25 30 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. 35 (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]. 31 40 45 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). 19