Gronde vir die weiering van toegang tot inligting soos van toepassing op openbare instellings (deel I)

Abstract

The Promotion of Access to Information Act 2 of 2000 (PAIA), like all other legislation governing the right of access to information, provides for a number of legitimate grounds for the refusal of information. This article explores these grounds but only as far as they are applicable to public institutions. Part one of the article starts out by explaining the structure of the grounds for refusal and the principles which are crucial to the correct interpretation of the grounds. It then goes on to analyse the first six grounds as contained in the PAIA (grounds seven to thirteen are covered in part II). In order to provide a constructive analysis of the specific grounds, corresponding provisions of the American Freedom of Information A c t, the Canadian Access to Information A c t, the New Zealand Official Information Act and the Australian Freedom of Information Act are drawn upon. The wording of the statutory exemptions contained in the legislation of the above-mentioned countries, along with the interpretation given by appeal and review mechanisms, were taken into consideration not only to make proposals regarding the South African situation, but also to enhance understanding of the grounds for refusal as contained in the PAIA.