Freedom of Information

exercise his or her discretion with regard to the disclosure of information supplied in
confidence by a third party and if it is in the public interest that similar information
should continue to be supplied.
Under Clause 24, disclosure of information is prohibited where disclosure is
likely to endanger the life or safety of any person. An information officer may, in his
discretion, refuse a request whose disclosure might be inimical to the security of any
property or the safety of the public.
Clause 25 sets out situations where access to information in bail proceedings
must be refused and situations where access may, in the discretion of the information
officer, be refused in order to avoid impeding the prosecution of offences, and to prevent
the circumvention of the law resulting in the miscarriage of justice or facilitating the
commission of offences. Information may not be refused to the extent that it relates to
the general conditions of detention of persons in custody. In addition, an information
officer is authorised to refuse to deny or confirm the existence or non-existence of any
information which he must refuse or which he may refuse to disclose.
Under Clause 26, unless consent is given by the person concerned, legally privileged
information, i.e., confidential communications between the person and their doctor or
lawyer or between journalists and their sources are not to be disclosed.
Clause 27 details the circumstances in which an information officer may refuse
a request for access to information concerning the defence, security and international
relations of the State. Also under this clause, an information officer is authorised to
refuse to deny or confirm the existence or non-existence of any information which he
or she may refuse to disclose.
Similarly under Clause 28, access to information relating to the economic interests
and financial welfare of the State may be refused if disclosure is likely to materially
jeopardise the interests and welfare of the State. The clause details the nature of the
information protected and extends to cover public entities. However, access to information
may not be refused if disclosure will facilitate accountability and transparency by the
State or public entities.
Research information of third parties must not, under Clause 29, be disclosed if
disclosure is likely to cause serious disadvantage to a third party, a researcher or the
subject matter of the research. Under the same clause, research information of an entity
may not be disclosed if disclosure would expose the entity, researcher or subject matter
to disadvantage.
The protection afforded under Clause 30 is designed to enable entities to conduct
their operations without opinions, consultations, minutes of meetings or any other
deliberations being the subject of mandatory disclosure so as to avoid inhibiting
candidness or premature disclosures which are detrimental to the success of policies or
could jeopardise the effectiveness of implementation of policies. Access may however
not be denied if the information has been in existence for more than twenty years or if
the information is required in terms of the Administrative Justice Act [Chapter 10:28].
Under Clause 31, information officers may refuse access to information if the
request is frivolous or vexatious or if the work involved in processing a request would
substantially and unreasonably divert the resources of an entity. In such circumstances,
the information officer is required to notify the applicant giving reasons why the request
is so regarded.
Part V of the Bill sets out the procedure to be followed in instances of requests
for access to information which affects third parties.

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