PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 33 of 70 carried out by or on behalf of a public body, the disclosure of which would be likely to expose(a) the public body; (b) a person that is or will be carrying out the research on behalf of the public body; or (c) the subject matter of the research, to serious disadvantage. 44 Operations of public bodies (1) Subject to subsections (3) and (4), the information officer of a public body may refuse a request for access to a record of the body(a) if the record contains(i) (ii) 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, for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed by law; or (b) if(i) (ii) the disclosure of the record could reasonably be expected to frustrate the deliberative process in a public body or between public bodies by inhibiting the candid(aa) communication of an opinion, advice, report or recommendation; or (bb) conduct of a consultation, discussion or deliberation; or the disclosure of the record 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), the information officer of a public body may refuse a request for access to a record of the body if(a) the disclosure of the record could reasonably be expected to jeopardise the effectiveness of a testing, examining or auditing procedure or method used by a public body; (b) the record contains evaluative material, whether or not the person who supplied it is identified in the record, and the disclosure of the material would breach an express or implied promise which was(i) (ii) (c) made to the person who supplied the material; and to the effect that the material or the identity of the person who supplied it, or both, would be held in confidence; or the record contains a preliminary, working or other draft of an official of a public body. (3) A record may not be refused in terms of subsection (1) if the record came into existence more than 20 years before the request concerned. (4) A record may not be refused in terms of subsection (1) or (2) insofar as it consists of an account or a statement of reasons required to be given in accordance with section 5 of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000). [Sub-s. (4) substituted by s. 36 of Act 42 of 2001 (wef 7 December 2001).] 45 Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources The information officer of a public body may refuse a request for access to a http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02